Kinney v. Ferguson

The plaintiffs appeal from a verdict of not guilty in a case of trespass quare clausum. The case was certified from justice’s court, upon plea of title, and each party offered proof tending to show ownership in fee. The evidence showed beyond dispute that the plaintiff Kinney was in possession at one time, and that one Hayward brought an action of ejectment against him and *180others in 1884, and obtained judgment of ouster, and entered and occupied until July, 1,889. A new trial was obtained, whereupon Hayward discontinued the ejectment case, and plaintiff Kinney took possession. Each party…