Padman v. Rhodes

Plaintiff, in her own right and as assignee of her co-heirs, represents an ownership of an undivided three-fourths of a farm of 200 acres in Jackson county. The defendant was the administrator of his father’s estate, and in possession under authority from the heirs, with authority to sell, etc. This action is in trespass for cutting trees. The declaration contains a common-law count for trespass, and one under section 11204, 3 Comp. Laws 1897. On the trial the circuit judge charged the jury, in part, as follows:

“There are two counts of the declaration of the plaintiff in this case. The first…