Dove v. O'Bannon

The plaintiff and defendant are the owners of contiguous lands, from which the timber had been cut and removed many years ago, leaving the tops of the trees and other refuse lying upon the ground, which could be comparatively easily gathered and used for fire-wood.

Defendant contracted to deliver wood to a concern at three dollars per cord, which wood, he states, he expected to obtain from his own lands (of which he had several thousand acres of like character in the same territory), and for this purpose he sent parties out to gather and haul the wood, and these parties took wood not only from…