Ware v. Collins
Mississippi Supreme Court
ERROR to the Circuit Court of Rankin county. Hon. John Watts, judge. Collins and wife sued Ware, to recover statute penalties for cutting timber on lot 7, sec. 12, T. 5, R. 1 east, in Rankin. They charged that, in 1854, Mrs. Collins owned said lot, and the same was then possession of Holt, as their tenant for that year.
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ERROR to the Circuit Court of Rankin county. Hon. John Watts, judge. Collins and wife sued Ware, to recover statute penalties for cutting timber on lot 7, sec. 12, T. 5, R. 1 east, in Rankin. They charged that, in 1854, Mrs. Collins owned said lot, and the same was then possession of Holt, as their tenant for that year. That in said year, defendant, against their consent, cut thereon six white oak, and sixty other trees (not being cypress, white oak, pine, poplar, black walnut, pecan, or cherry),' then growing on said land, and of great value to their reversion; whereby defendant was liable,…
1Opinion of the CourtFisheR, J.
This was an action brought under the statute, to recover the specific value for certain trees, alleged to have been cut by the defendant below, upon the lands of the plaintiff.
*231The case may be made to turn upon a single point, and that is, whether the plaintiffs’ possession of the land, claiming it as their own, was sufficient evidence of title to maintain the action. We are clearly of opinion that it was, and that after this proof was made, it was incumbent on the defendant to show title, either in himself, or in some third party, to defeat the action.
No such showing having been made, the…
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