Stewart v. Kervin

GARDNER, Justice.

Count 1 is in trespass to realty, the claimed damages consisting in large part of cutting the timber thereon. Count 2 seeks the statutory penalty for cutting trees.

Plaintiff owned one forty acres and defendant Davis the forty joining on the north. The real issue relates to the location of the boundary line. There was.verdict for plaintiff on count 1 with damages fixed at fifty dollars. Count 2 was therefore eliminated from the case, and needs no further consideration.

Plaintiff offered proof tending to show the old line, run some fifty years ago and known as the Michigan…