West Yellow Pine Co. v. Stephens

Andrews, Circuit Judge.

M. Stephens, plaintiff in lower court, defendant in error here, sued the West Yellow Pine Company, plaintiff in error here, in two counts:

First, for the wrongful conversion of lumber of the value of three hundred dollars; and

Second, for the wrongful conversion of eight hundred thirty-six sticks of pine timber of the value of three hundred dollars.

The defendant below filed five pleas to the declaration: First, not guilty;

Second, that the property was not that of plaintiff;

*300Third, that the plaintiff was not the owner in possession of the property;

Fourth, that the defendant…