Elkins v. Burke

Opinion op the Court by

Judge Tilpord

— Dismissing appeal.

By this action appellees sought and recovered $150, the alleged value of trees unlawfully cut and removed from “a tract of land adjoining the lands of the defendants.” The petition contained no other description of the land, and hence, as contended by appellants (defendants below), was fatally defective. Hackney et al. v. Dillan et al. 9 Ky. Op. 38; Cray v. Peay, Ky., 82 S. W. 1006. The appellants merely traversed the allegations of the petition and neither asserted title to the land nor described it in their answer on which the action…