Ballew v. Denny

Opinion of the Court by

Judge Thomas

Affirming.

In 1935 the appellant, Porter V. Ballew, filed an action in the Clinton Circuit Court against the instant appellees to recover $200 damages for the value of timber which he alleged they had cut from his land in trespassing upon it. Defendants answered denying the allegations of the petition, and counterclaimed against plaintiff in which they charged that he had trespassed upon their land (the tracts of the two parties litigant adjoining) and had removed therefrom timber of the value of $1,000. The counterclaim was denied thus forming the issues.

A…