Morse v. Iman

Citations

• 42 Ill. 150

Syllabus

<p>1. Trespass upon land—who may maintain the action. A person in possession of land may recover for damages done to the property, as against all persons but the true owner, and may maintain any appropriate action for a recovery against any person but the true owner, precisely as if it were his own,</p> <p>2. Possession—what constitutes. Where two persons fence a tract of land which does not belong to them, for the purpose of using the grass thereon, and agree with each other that each shall use a certain portion of the field, there being no division fence, and the parties use their respective portions in that way, each will be regarded as in the actual possession of the part thus assigned to him.</p> <p>3. Ownership of grass cut by one without authority wpon land in the possession of another. The severing of the grass, without authority, growing upon land in possession of another, although the latter has no right other than a mere possession, will give the party cutting the grass no right thereto, and the party in possession may appropriate the grass after it is cut, to his own use.</p>