Perks v. McCracken

Opinion of the Court by

William Rogers Clay, Commissioner.

Affirming.

*591Alleging that he was the owner of a towhead or island sand bar in the Ohio river near Monnd City, Illinois, and that the defendants, L. C. Perks and Thomas Higgins, had unlawfully entered thereon and dug and carried away large quantities of sand and gravel, plaintiff, Q. A. Mc-Cracken, brought this suit to recover damages in the sum of $3,000.00. The defendants denied plaintiff’s title and pleaded title in one Henry Reed, the owner of the Illinois shore, and alleged that they had purchased from him the right to dig and remove…