Wagoner v. Silva

CHIPMAN, C.

This is an action for damages alleged to have been caused by the unlawful and wrongful entry of defendant on plaintiffs' land and cutting the timber growing thereon and converting the same to defendant's use. Treble damages were claimed, under section 3346 of the Civil Code. The answer denies the wrongful cutting or conversion, but alleges that to a certain extent defendant did, in ignorance of the location of plaintiffs’ lines, cut down certain trees for cord-wood and shingle-bolts; that prior to removing the same from plaintiffs’ land defendant and one John M. Swinford, acting as…