Davis v. Elmore

The opinion of the court was delivered by

Mr. Chiee Justice McIver.

The plaintiff brought this action to recover damages for certain trespasses alleged to have been committed by the defendant between the 1st day of February and the 25th day of March, 1892, on a tract of land containing 212 acres, of which he alleges that he was the lawful owner, and was in possession of at the time. The defendant, by his answer, put in two defences: 1st. A general denial of every allegation in the complaint. 2d. He alleged that he was in possession of, and was the lawful owner of, a tract of land containing 300…