Goolsby v. Nails

Almand, Justice.

The special grounds complain of the direction of the verdict against the plaintiffs and a charge pertaining thereto. Such direction and charge were based on the theory that no evidence of legal title in the plaintiffs was introduced, and thus no cause of action could be maintained by them for trespass and wrongful cutting of timber. At the trial evidence was introduced by the plaintiffs showing the location of the tract of land from which the timber was cut and the amount of timber cut therefrom. The plaintiffs then introduced a copy of a will dated May 14, 1932, under which…