Chicago & Western Indiana Railroad v. Slee

This was an action qucvre clausum fregit brought by appellee against appellant, and the locus in quo was the east thirty feet of lots eleven and twelve in Wilder’s north addition to Chicago, described in the declaration by metes and bounds. There was a stipulation that under the plea of the general issue the defendant might introduce any defense to which it was entitled, the same as if specially pleaded. Plaintiff’s proof was that the defendant, by its agents, accompanied by a deputy sheriff, entered upon the premises in January, 1881, and tore down fences thereon, and filled up the lots with…