Hefley v. Baker
Supreme Court of Kansas
Error from, Wilson District Court. Action of trespass, brought by Baker against Francis Hefley and Thomas Cain. Trial at the May Term 1875, of the district court. Verdict and judgment in favor of Baker, and defendants bring the case here on error. The opinion contains a sufficient statement of the facts.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action in the nature of trespass guare clausum fregit brought by Baker for injuries done by Hefley and Cain’s cattle upon land occupied by the plaintiff. The evidence introduced on the trial shows that the plaintiff was in the possession of the land, but also shows ■that he did not own the same, nor claim to own it, and had no interest therein further than his mere possession thereof. The defendants did not have the slightest interest in or claim to the land. According to the plaintiff’s evidence, which under the verdict must…
2Cases cited7 opinions
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