Concanan v. Boynton
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. A. B. Tiiornell, Judge. Plaintier brought this action against F. L. Boynton and James McClure, to recover of them the sum of five thousand dollars for an.alleged trespass upon and injury to real estate. The cause was tried to a jury, and a verdict returned in favor of plaintiff for'twenty - five dollars as against Boynton, and $22.70 as against McClure.
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Appeal from Audubon District Court. — Hon. A. B. Tiiornell, Judge. Plaintier brought this action against F. L. Boynton and James McClure, to recover of them the sum of five thousand dollars for an.alleged trespass upon and injury to real estate. The cause was tried to a jury, and a verdict returned in favor of plaintiff for'twenty - five dollars as against Boynton, and $22.70 as against McClure. A motion for a new trial was overruled, and judgments were rendered in favor’ of plaintiff on the verdict. Defendants appeal.
1Opinion of the CourtRobinson, J.
— The record shows that defendants entered upon the 'preiiiises of plaintiff on or about the fifteenth day of November, 1886, for the purpose of taking and removing therefrom, by virtue of a chattel mortgage and bill of sale given as security, certain personal prop*544erty. Plaintiff alleges that defendants, “with force and arms, wilfully, maliciously and unlawfully broke and entered into and upon said land, and, having so broken and entered, did then and there tread and break down the herbage upon said land, and injure the fence on said land, and trod down the soil of said land, and broke the…
2Cases cited1 opinion
- State v. BoyntonSupreme Court of Iowa · 1888