Kinsey v. Avans

Grice, Justice.

The suit was to enjoin a trespass. There was no prayer for damages. It developed that the sole controversy resolved itself into an issue as to where the line was between the lands claimed by the respective parties. There was considerable evidence concerning where an old fence used to be. The jury returned the following verdict: “We, the jury, established old fence row as line” (signed by the foreman). The motion for new trial recites, that upon publishing this verdict the court instructed the jury that the same was not satisfactory, and that the jury must find either for the…