Lynch v. Merrill

,Lynch, Judge:

This is a writ of error obtained by the Little Kanawha Log &■ Tie Company to a judgment for plaintiffs. The action, originating before a justice, is to determine the right to the pos*515session of thirty-two saw-logs, if to be had, and, if not,- to .recover their valne and damages for detention thereof.

The defendant log and tie company claims title to the logs under a contract with Beall dated February 15, 1909, whereby at an agreed price per cubic foot Beall sold the logs to it, to be “rafted” or delivered as rafted at the mouth of Duck run in the Little Kanawha river, the company…