Wells v. Elder

BILLINGS, Chief Judge.

In this court-tried ease for trespass on realty [§ 537.340, RSMo 1969] plaintiffs were awarded treble damages for timber defendant cut on land plaintiffs claimed to own. We reverse.

The location of the boundary line between plaintiffs’ land and an adjoining tract was the crucial issue in the case. Defendant had purchased the timber rights on the adjoining tract and cut trees to what had been pointed out by the owner as the boundary line between the two tracts.

Nearly two years after the timber was cut, plaintiffs caused a survey to be made of their 40-acre tract. This…