Smith v. Burchell

Opinion of the Court by

Chief Justice Fulton

Affirming.

The petition in this action alleged that the appellee was the owner of a described tract of land, in his constructive possession by virtue of a deed from the Commissioner of the Clay Circuit Court, and that the appellants, Clarence R. Smith and Will Smith, had entered on the land and cut timber of the value of $200. Judgment was prayed for the value of the timber and injunctive relief from further trespass.

The appellants filed answer and counterclaim, by which they admitted cutting timber of the value of $200 but denied that the appellee…