This section contains the nature of the case and procedural background.

Plaintiff (P) gathered manure left on a public highway into piles for removal the next day. When done, there were 18 heaps that were left by the roadside that night. Defendant (D) came along the next morning and asked a borough warden if he had given permission to anyone to remove the heaps. Getting an answer in the negative, D than took the heaps to his own property. P sued D in trover, and the trial court found that P had not proven any possessory interest or right to the heaps. P appealed.

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