Mantooth v. Burke

Appellant, Mantooth, together with the Little Eock and Fort Smith Eailway company, sued Burke in what, before the Code, would have been an action of trespass quare clausum fregit, complaining that he had, in February, 1878, entered upon their land, unlawfully and by force, and carried away 700 panels of fence, and had cut, and removed timber and converted it to his own use, and. had trod down, depastured, and destroyed by cattle, plaintiff’s growing wheat. The railway company was, in the-course of the suit, by leave of the court, withdrawn from the complaint, and prosecutes no claim. Values…