#### George W. Ragains v. Granville E. Stout.

1. Freehold— Trespass to Real Estate.—In trespass upon real estate, commenced before a justice of the peace and appealed to the Circuit Court, where the defenses relied upon are liberum tenementum, license, and not guilty, a freehold is involved.

Trespass on Real Estate.—Trial in the Circuit Court of Johnson County, on appeal from a justice of the peace; the Hon. Joseph P. Rob-ARTS, Judge, presiding.

Heard in this court at the August term, 1898.

Appeal dismissed.

Opinion filed March 10, 1899.

*210Per Curiam.

This was a case in trespass on real estate, commenced before a justice of the peace and appealed to the Circuit Court. Appellant, in his statement of 'the case; says : “ The defenses relied upon in the trial were liberum ienementum, license, and not guilty. The evidence bears out the statement. In such case a freehold is involved. W. C. St. R. R. Co. v. Morrison, Adams & Allen Co., 54 Ill. App. 556; Piper v. Connelly et al., 108 Ill. 646. This court has no jurisdiction.

Appeal dismissed and leave to withdraw record, abstracts and briefs.