People v. Bain

Both parties claim to have title to the real estate upon which defendant concedes he cut a tree, the people by tax sale upon assessments against one Hugh Clemons, and the defendant under claim of conveyance from the same party. It would seem that both parties must be estopped from denying the title of Clemons.

The defendant challenges the regularity of the assessment against Clemons and claims that the plaintiff must establish in itself a valid title before it can maintain an action against even a stranger. The plaintiff claims that, in an action such as this, for cutting trees on the forest…