Wheeler v. Bill

Plaintiffs brought an action seeking triple damages for the willful cutting of trees upon their land and for damage to a spring thereon. The trial court dismissed the action and later granted a motion for a new trial. From this latter order, defendants appeal.

The court, in his oral decision, said among other things:

“We have the testimony of Mr. Kelly, the man who makes a business of surveying property and determining the lines of property, and he has been unable, he says, to determine where the corner was from which a start must be taken in order to ascertain exactly the lines of the property.