Illinois Supreme Court November 15, 1853 (Pfeiffer v. Grossman)

Treat, C. J.

This was ati action of trespass quare clausum fregit, brought in 1853, by Pfeiffer against Grossman. The plea was, not guilty. It appeared in evidence, that the plaintiff had title to a certain tract of land; that accovding to a survey made in 1854, a fence claimed by the defendant was on this tract; the fence inclosed about half an acre of the tract, part of which was in timber, and