Moscrip v. Webster Lumber Co.

Action for wilful trespass in entering plaintiff’s land and cutting and removing trees therefrom. The court directed a verdict for plaintiff, but left the jury to determine the amount. Defendant moved for judgment non obstante or a new trial, and appeals from the order denying the motion.

Plaintiff bought the northeast quarter of the northwest quarter and lot 2 in section 33, township 144, range 29, from the United States, receiving a patent thereof in December, 1922, about a month before the alleged trespass.- The government had held the title in trust for an Indian allottee. The patent…