Sharer v. Tuck

*201Opinion op the Court by

William Rogers Clay, Commissioner

Beversing.

•Plaintiff, F. J. Sharer, brought- this suit against A. H. Tuck and W. A. Newton to enjoin trespass on a certain tract of land in Butler County and to recover damages for prior trespass. On final hearing, plaintiff’s petition was dismissed and the injunction denied, and the defendant Tuck was adjudged to be the owner of the tract in controversy and was awarded $75.00 damages on his counterclaim. Plaintiff appeals.

Mrs. F. J. Sharer was the wife of H. M. Sharer. On November 2nd, 1803, E. L. Johnson and wife, by deed duly recorded…