Abbey v. Shiner

JAMES, Chief Justice.

Conclusions of Fact. — 1. In the fall or summer of 1884 defendant Shiner built a fence, which, with fences of other persons already constructed, enclosed a pasture of over 20,000 acres. Within this enclosure were six sections belonging to appellant. The fence built by defendant was entirely on land his own or controlled by him.

2. That defendant’s pasture was used for grazing his cattle and horses. The evidence also shows that during the years 1884 to 1887 inclusive (the petition claiming rents was filed October 29, 1887), Shiner at different times took cattle for…