Watkins v. Gale
Illinois Supreme Court
This was an action of debt in recover penalties for cutting timber, under Rev. Stat. ch. 1Q4', and was tried in the Circuit Court of Mason, at the May term thereof, 1851, before Mins hall, Judge, and a jury.
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This was an action of debt in recover penalties for cutting timber, under Rev. Stat. ch. 1Q4', and was tried in the Circuit Court of Mason, at the May term thereof, 1851, before Mins hall, Judge, and a jury. It appeared, upon the trial, that the plaintiff entered the S. W. S. E. 32, 22 N., 5 W., of the third principal meridian, on the 24th day of September, 1849, upon which the trees in controversy were cut, and that one Henry R. Green entered the east half of the same quarter, on the 23d day of January, 1841. The subjoined diagram (see next page) will show the true situation of these two…
1Opinion of the CourtTreat, C. J.
This was an action of debt to recover the penalties given by the statute for cutting timber without the leave of the owner of the land. On the trial, the evidence tended to show that the defendant cut several trees on land belonging to the plaintiff, and that he was aware at the time that the land was not his own. The court refused to give an instruction asked by the plaintiff in these words: “ That if the jury believe, from the evidence, that the defendant cut the trees in controversy, knowing the same not to be on his own land, or upon land that he had license to cut timber from, then the…
2Cases cited2 opinions
- Russell v. IrbySupreme Court of Alabama · 1848
- Whitecraft v. VanderverIllinois Supreme Court · 1850
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- Jordan v. Jewel Food Stores, Inc.District Court, N.D. Illinois · 2015
- State Bank v. Potosi Tie & Lumber Co.Appellate Court of Illinois · 1939
- Belt v. ReidAppellate Court of Illinois · 1899
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