Upton v. Read

SIMPSON, Justice. .

Plaintiffs sued defendant Read for cutting timber on lands allegedly owned by them. Count 1 was in. -debt-to recover for the statutory penalty, Code 1940, Title 47, § 272, Count 2 was in trespass, and Count 3 in trover. From a verdict and judgment for the defendant the plaintiffs have appealed.

The suit arose over a disputed boundary line separating plaintiffs’ forty' acres on the west from the forty on the east on which defendant had authority to cut the timber. The plaintiffs derived title from their father and it was their contention on trial that, regardless of where the…