Smith v. Cole

Opinion op the Court by

Judge Carroll —

Affirming.

The appellant, Adam Smith, claiming to be the owner and in the possession of a described tract of land, brought this suit against the appellees, Cole 'and Crane, to recover damages for trespass committed by them upon his premises in branding and attempting to convert trees.

The appellees, 'after controverting in their answer the petition, set up that the appellant had sold and conveyed to them the trees that he alleged they were about to appropriate. For reply, the appellant averred that if he did sell the trees, he was an infant under twenty-one…