Wallin v. Rice

Defendant’s motion for judgment of nonsuit was properly denied, but we think there was error in the court’s instructions to the jury entitling the defendant to a new trial.

The plaintiff’s evidence tended to show that in 1911 he entered into possession of a tract of 126 acres of land under a deed which described the land by metes and bounds, and has lived on it ever since, cultivating a portion, devoting a portion to grazing, using wood and timber, and that defendant has entered on a small triangular shaped parcel of this land on the southeast side thereof and out and removed timber.

Defendant…