Hess v. Griggs

Griggs brought replevin for ten pieces of pine timber. The case was begun in justice’s court, and was certified to the circuit court on a plea by defendant that the timber was cut by him on certain described lands which then were and still are owned by one Harlan P. Smith and not by the plaintiff.

On the trial no question was made that the timber was cut by defendant on the lands described. Plaintiff undertook to show title to the lands in himself, but showed only a title to an undivided half thereof, in common with one Millard. He then undertook to show that he was in possession of the lands…