Croasdale v. Butell

The opinion of the court was delivered by

Parker, J.:

This action was instituted by the plaintiff, who is conceded to have a life estate interest in the real estate involved, to recover treble damages, pursuant to G. S. 1949, 21-2435, from the two persons named as defendants, for the unauthorized cutting and converting of grass. Separate demurrers to the petition, each based on grounds (1) plaintiff had no legal capacity to sue and (2) the petition failed to state facts sufficient to constitute a cause of action in favor of plaintiff and against either defendant, were overruled, hence this…