Porter v. Wilson

In this trespass action, we consider whether a litigant holds legal title of record to 26 acres of property and, if so, whether he may recover treble damages for the removal of timber from the property, as permitted by Code § 55-334.

On January 4, 1892, T.M. Porter gave R.B. Noblett a “title bond” to a 53-acre tract of land on Iron Mountain in Grayson County, but died before executing a deed to Noblett. * Although Noblett never acquired record title to the 53 acres, he claimed ownership of the property.

Noblett and his wife, Mollie, conveyed 26 acres of the 53-acre tract to David A. Rhudy, by…