Alley v. McMath

Opinion by

Mr. Justice Moore.

Plaintiff in error, to whom we will refer as plaintiff, brought an action to compel the removal of a fence erected by defendant around real estate to which plaintiff claimed title. The land thus enclosed by such fence was that area lying within the outer perimeter of a reservoir at its high water mark. Defendant in error, hereinafter referred to as defendant, claimed ownership of tie reservoir. The trial court entered judgment for defendant, and plaintiff is here on writ of error directed to that judgment.

The validity of plaintiff’s title to the land depends upon a…