Edwards v. Hill

Opinion by Treat, C. J.:

This was an action of debt to recover penalties for cutting timber. The declaration alleged that the plaintiff was seized in fee of the land on which the trees were cut. The plea was nil debet. The evidence showed that the plaintiff had title to but six-sevenths of the land. On this state of case, the Court instructed the jury that the plaintiff could not recover. The propriety of that instruction is the only question in the case. The statute gives the owner a certain penalty for each tree» of a particular description cut on his land without his permission, and…