State v. Work

Stayton, Associate Justice.

This action was brought by the state against the appellees to recover from them damages for timber taken from land alleged to be of the public domain of the state, and to enjoin the appellees from a further taking or cutting timber from the land.

The defendants pleaded in defense that P. A. Work, on the 17th December, 1882, filed in the office of the surveyor for Hardin county his application to buy the land, under the act of July 14, 1879 (General Laws, p. 48), and the act of March 11, 1881 (General Laws 1881, p. 25), which was amendatory of the former act.

They…