Pope v. Shipp

1. '“Before one out of possession can maintain an action of trespass for cutting and removing standing timber, he must show himself to be the true owner.” Moore v. Vickers, 126 Ga. 42 (2) (54 S. E. 814).

2. In an action of trespass for the cutting and removal of certain kinds of timber situate upon a specified tract of land, as “oak, gum, and poplar,” *481the plaintiff does not show title to the timber thus in controversy merely by proof that he had sold to the defendant the “pine and cedar timber” upon the same tract, which the defendant had proceeded to cut and remove in accordance with the…