Oliver v. Muncy

Opinion op the Court by

Judge Clay

— Reversing.

Claiming that her neighbor, Hezekiah Mnncy, and his brother, John Mnncy, had entered upon and enclosed a part of her lot in Berea, Madison county, Rena. Oliver brought suit to recover the land and damages, and also for an injunction requiring the Muncys to remove the fence. A trial before a jury resulted in a. verdict and judgment in favor of the Muncys. On appeal the judgment was reversed on the ground that a. plat of the subdivision in which the lots were located was improperly excluded from the jury, and the further ground that the verdict was…