Frank v. Magee

The opinion of the court was delivered by

Miller, J.

The plaintiff appeals from the judgment, dismissing his suit for timber alleged to have been removed by defendant from a tract of land while under seizure, and for damages alleged to have arisen from defendant’s acts in deadening trees on the land, the plaintiff asserting title to the timber, and to recover the damages as the purchaser of the tract of land at the execution sale that followed the seizure.

*1067The plantation, it is claimed by plaintiff, was under seizure from May to December,- 1896, Under the executory process, in the suit of the…