Keirn v. Warfield
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. Keiru sued Warfield for an alleged trespass of the latter in cutting and taking, or causing to be cut and taken, trees on the laud of the former. The declaration contained two counts : the first for the statutory penalty for the trespass alleged ; and the second for the actual value of the trees alleged to have been cut and taken.
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Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. Keiru sued Warfield for an alleged trespass of the latter in cutting and taking, or causing to be cut and taken, trees on the laud of the former. The declaration contained two counts : the first for the statutory penalty for the trespass alleged ; and the second for the actual value of the trees alleged to have been cut and taken. The defendent plead (1) the general issue, and (2) that his and plaintiff’s lands adjoined, and he did not know the boundary lines, nor that the trees cut were on the plaintiff’s land, but…
1Opinion of the CourtChalmers, J.
There was much evidence in the case that tended to prove that defendant had cut and used the trees of plaintiff, either intentionally, or without the exercise of proper care and caution to avoid such a trespass.. The instructions given for the plaintiff correctly informed the jury that in either event defendant was liable for the statutory price or penalty for each tree so cut. Several of the instructions given for the defendant! on the other hand (notably the first, second, sixth, seventh, and twelfth), declared that the statutory penalty was only recoverable where the cutting was wilfully,…
2Cases cited2 opinions
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
- McCleary v. AnthonyMississippi Supreme Court · 1877
3Cited by11 opinions
- Grisham v. HintonMississippi Supreme Court · 1986
- Chevron Oil Co. v. SnellgroveMississippi Supreme Court · 1965
- Seward v. WestMississippi Supreme Court · 1933
- Therrell v. EllisMississippi Supreme Court · 1903
- Bumgart v. BaileyMississippi Supreme Court · 1963
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