Ricks

It is alleged in the complaint in this case that the plaintiffs were the owners, as tenants in common, of a strip of land in the city of Eureka, described as a strip fifteen feet wide, and extending from the southeast corner of Tenth and H streets southerly along the east side of H street one thousand and eighty-one feet, and that on the thirteenth day of May, 1890, the defendant unlawfully entered upon the said strip, and took down and removed therefrom a fence placed thereon by plaintiffs, to their damage in the sum of $250, for which they prayed judgment. The answer of the defendant alleged that the said strip of land was and is a part of H street, an open public highway within the corporate limits of the city of Eureka, and that the plaintiffs had no right to the use, occupation, or possession of said strip, or any part thereof; that during all the times mentioned in the complaint defendant was the city marshal of said city, and that the common council thereof had power to regulate all streets in the city, of which H street was one; that on or about the first day of May, 1890, the plaintiffs unlawfully encroached upon and obstructed the said street by building the said fence…