Keirnan v. Heaton

Adams, Cu. J.

The plaintiff is the owner of about ninety acres of land in Madison county, and is a non-resident. At the time of the acts complained of the land had never been cultivated by the plaintiff nor any one else, though, as we infer, the land in the neighborhood had been settled upon and cultivated for many years. The defendant, seeing the land lying in that condition, conceived the idea of fencing ami cropping it. He seems to have known that he had no right to do so, but it does not appear from the evidence that he had an intention of injuring the land. His idea seems to have been…