Nash v. Drisco

The opinion of tho Court was drawn up by

Davis, J.

The plaintiffs purchased of the defendant, by a written contract or permit, " the right to cut and haul all the timber and bark” on certain premises, " down to as small as ten inches at the stump or but of the trees.” Under this the plaintiffs operated, cutting and. taking away timber for vessels, and for other purposes. And they also cut trees for firewood, and had it corded up, ready to be hauled away. While the wood was in this condition, the defendant, claiming that the plaintiffs had no right to cut it, took it himself, and appropriated it…