Kennnedy

Plaintiff brought this action to restrain defendant from removing a barn from the land of plaintiff. De fendant, besides answering, filed a cross-complaint in claim and delivery for the said barn, and obtained judgment for the possession thereof, or the value thereof, in the sum of $1,000. Upon the hearing of plaintiff’s motion for. a new trial the court ordered that, unless defendant should consent to a reduction in the amount of the judgment for the value of the barn to the sum of $750, a new trial should be granted. Defendant so consented, and the motion was thereupon denied.

Plaintiff in due time appealed from this order as well as from the judgment.

The barn in question was originally built by defendant upon land belonging to one J. F. Houghton, the grantor of plaintiff; but though built upon the land of Houghton, it is conceded by appellant, as we understand him, that it belonged to defendant and might be by him removed, unless defendant, by a certain written instrument executed by himself and wife on or about the nineteenth day of April, 1905, assigned and transferred said barn to plaintiff. In a special verdict the jury found in effect that defendant had not assigned or…