There was evidence from which the jury could infer that the defendant committed the trespass, as charged in the second count of the complaint, and the trial court did err in refusing the general charge requested by the defendant. Whether tbe defendant was or was not the owner of the house iu question, under the terms of section 6026 of the Code of 1907, was a question for the jury, and whether or not ownership of the house gave the right to enter upon the plaintiff’s land and remove it we need not decide, as the deed reserved this right, in case, of course, the defendant owned the house, as the right reserved by the deed was to go upon the land for lawful purposes only. Moreover, even if the defendant owned the house and had the right to go upon the land to re
The trial court also erred in giving charge A upon the request of the plaintiff. It assumes a trespass, which fact was a question, under the evidence, for the jury. The plaintiff in order to make the act of the defendants in removing"the house a trespass had to show possession, actual or constructive, of the house at the time. She was not in the actual possession of the house, but relied upon constructive possession, under title to the land, and had to show that the house was on her land in order to make the defendant a trespasser under any aspect of the case. This she did not do beyond dispute, as it was for the jury to determine whether or not the
It is true that some of the oral charge excepted to is involved and perhaps confusing but some of it is sound and the exception does not. separate the bad from the good, if any of it is bad, which we need not decide, as the trial court would not be reversed on account of same.
There was no merit to the objections to the evidence. The Jim Harris house tras not involved in the controversy.
For the errors above noted,' the judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.