Powell v. Rust

By the Court, Gridley, J.

The question involved in this case arises on an appeal from so much of the judgment as awards costs to the plaintiff. The action was trespass; and the recovery was for five dollars, damages, besides costs of suit. And the precise question before the court is, whether the title to lands arose on the pleadings.

The complaint avers the ownership and possession of a certain piece of land described by metes and bounds; and then alledges .an entry by the defendants, with teams and plows; and the plowing up and destroying certain asparagus roots, shrubbery, vines and trees…