Bockes v. A. McAfee & Son Co.

This is an action of trespass guare clausum fregit brought by the plaintiffs. The attached plat will aid in understanding the situation.

The declaration contained two counts. One was the ordinary count in trespass, and the other count under the statute. The plea was the general issue. This case was tried by the court without a jury. The findings of the trial judge important to mention are as follows:

“ (2) Some time during the fall or summer of 1908, the defendant, A. McAfee & Son Company, a corporation, by its agents and employés, and without any right, title, or *8interest in said land, and…