Brown v. McCormick

Graves,-J.

This was trover by the plaintiff in error for the value of pine timber taken from the southwest quarter of the southeast quarter of section twenty-one, in township fourteen north, of range five west, in the county of Isabella, The cause was tried before a jury, who, by direction of the court, found for the defendant, and the plaintiff brought error.

Unless it appears by the record that the plaintiff made a case which he was entitled to have investigated by the jury the judgment must be affirmed. The land was wild and unoccupied, and his right to the timber was made to 'turn upon his…