Jenkins v. McCurdy

This action is brought to enjoin the defendant from entering upon the lands of the plaintiffs and removing *629earth, or certain filling- material, which had become part of the soil, and for the value of such material which has been thus removed. The defendant, by his answer, admits his entry upon the lands of the plaintiffs and removal of certain material therefrom, which he insists had jiot become a part of the soil -or attached to the freehold, but consisted of fire-wood, piled up and so placed upon the premises as to be personal property, and that he was the owner of the same, and had the…