More v. Perry

This was an action commenced under the provisions of the statute, for trespass, in cutting down and carrying away timber on certain lands described in the petition. The petition averred ownership in the plaintiff. The answer admitted the trespass, but denied that tbe land or timber belonged to tbe plaintiff, and alleged that the same was the property of the defendant. Both parties introduced testimony to show title in themselves, and the defendant’s evidence tended to prove that he was in the actual possession. The court gave one instruction for the plaintiff and one for the defendant, and…