West v. St. Louis, Kansas City & Northern Railway Co.

This action was for a trespass alleged to have been committed by the defendant, by unlawfully entering upon a tract of land and wrongfully tearing down and carrying away a string of fence, and cutting down and destroying twelve apple trees.

The answer of the defendant denied the unlawful entry; denied that the plaintiff was the owner of and in possession of the land, and averred that it was in possession of the strip by virtue of a conveyance from one J. B. Morris to the North Missouri Railroad, and from the latter to the defendant; and for a further justification defendant alleged that it did…