Frost v. Duncan

By the Court,

S. B. Strong, J.

The 'complaint contains but one count. It sets forth that the defendants wrongfully entered upon the plaintiff’s land, felled the trees and timber standing and growing thereon, burned the same into coal, and converted such coal to their own use. Confessedly, the land was in the actual possession of the defendants, who claimed it under a deed executed about seventeen years before the perpetration of the alleged wrongs. The charges for a wrongful entry and felling the wood and timber were for injuries to the land; and at common law could not have been sustained,…