Feltner v. Smith

Opinion op the Court by

Judge Cammack

Affirming.

This is an appeal from a judgment on a verdict awarding the appellee, Dan Smith, plaintiff' below, the sum of $117 as damages for the cutting of timber from and the trespassing upon his land by the appellants. The litigation in some respects is an outgrowth of a controversy between the appellee and appellant, Shade Feltner, and his wife, reported in Smith v. Feltner, 256 Ky. 325, 76 S. W. (2d) 25. The outcome of that controversy was that the Feltners were required to carry out a contract under which they had agreed to trade Smith a 20-acre tract…