Montz

This is an appeal from a judgment for the plaintiff for one thousand dollars in an action for damages for malicious prosecution, pursuant to a verdict of a jury. The facts of the case are briefly as follows:

The plaintiff and the defendant were negotiating for an exchange of lands and upon August 28, 1913, agreed upon the terms of exchange which were set forth in contracts of that date. • Plaintiff was in possession of certain lots under contract of purchase, and the defendant owned other lands in the vicinity. After entering into possession, the plaintiff placed a small frame building on the lots he had contracted to purchase, the house being rested upon small cement blocks. Under the bargain for exchange of lands, the defendant was to deed to the plaintiff ten acres of land, and the plaintiff was to execute a mortgage upon these ten acres to secure the payment of certain moneys to the defendant, and was to convey to defendant his equity in the lots, together with the house thereon. After signing the contracts plaintiff learned that under the government survey there was a reservation of a right of way for a road along each section line, and that this reservation as applied to…