Garbutt Lumber Co. v. Wall

Atkinson, J.'

This is an action of trespass quare clausum fre,git, consisting of an alleged wrongful cutting of timber. On the trial the proof submitted by the plaintiff was in accordance with his petition, and showed that both parties had deeds and claimed only under- a common grantor. The plaintiff relied solely upon this fact as- being sufficient proof upon the question of title to carry the ■ease to -the jury. Neither party, nor any one under -whom they ■claimed, was shown ever to have been in possession, and there was no attempt to show title in the common grantor. At the conclu*173sion of…