Wait v. Hudson Valley Railway Co.

■Spencer, J.

This action was commenced by the service of summons and complaint on the 11th day of September, 1901. The complaint alleges the plaintiffs’ ownership of a parcel of land specifically described, and that in June, 1901, the defendant’s predecessor entered thereupon1, broke down and removed fences, dug up and removed soil, permitted cattle to injure and destroy grain and produce growing thereon and also upon adjoining premises belonging to plaintiffs, and that defendant is in possession of the parcel par*305ticularly described, and demands possession thereof and damages in the sum of…