Sims v. Alford

Count 2 was in trespass for cutting and removing trees from plaintiff’s lands.

There was a sharp issue of fact on the question of plaintiff’s consent to the cutting and removal of the trees. Defendant’s evidence tended to show that plaintiff authorized and directed defendant to enter upon the land and cut timber, sufficient, at an agreed price, to satisfy a saw bill which plaintiff owed defendant, and that the timber cut did not exceed the’amount stipulated. Plaintiff’s evidence tended to show he gave no consent to cut the timber, nor agreed upon a price therefor ; that he refused the price…