Hancock v. Fitzpatrick

Appellant brought suit in trespass under section 5448, Eevised Statutes 1909, to recover -treble damages because respondent cut certain fence posts from a large osage orange hedge which had grown to full sized trees. Eespond'ent cut about half of these into fence posts and removed them. As the suit is under the statute, the petition alleges that appellant was the sole and absolute owner of the hedge; that respondent had no interest therein but wrongfully entered upon appellant’s land and cut and removed the posts. Eespondent admitted cutting and removing them but denied all other allegations.

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