Ruston v. Grimwood

Suit by the appellee against the appellants for trespass for entering the enclosed land of the plaintiff and removing fences.

The defendant answered in two paragraphs. The second paragraph is the general denial. The first paragraph justified the entry and removing the fences under an order of the Board of Commissioners of Vanderburgh county, made at their December term, 1866, locating and establishing a township road.

A demurrer was sustained to this paragraph, and that is complained of as the first alleged error.

This paragraph is bad, because it fails to aver that the supervisor gave the…