Foster v. Beard

AYRES, Judge.

This is an action for damages for trespass. Defendant was charged with having entered upon lands of plaintiffs in moral bad faith and, in the process of clearing a portion thereof, with having destroyed or removed therefrom a designated quantity of merchantable timber. Defendant admitted the trespass, but asserted his good faith in so doing. The issues were thus reduced to the question of the quantum of an award of damages gauged by the nature of defendant’s faith, that is, whether good or bad, and as to defendant’s rights to an offset of costs and expenses against plaintiffs’…