Smith v. Chapman

*71Opinion op the Court by

Judge Lassing

Reversing.

This appeal involves the sufficiency of a petition brought, under section 344 of the Civil Code, for a new ■trial on the ground of unavoidable casualty or misfortune, arising in this way: Johnson Chapman and his wife filed suit in the Pike Circuit Court against Will M. Smith, in which they sought to recover of him the value ■of certain timber, alleged to have been cut and removed by him from a tract of land which they claimed. The title to the land was put in issue. Chapman and wife relied upon a paper title, and traced it back to one Hammond…