Carson v. Turk

Opinion of the Court by

Chief Justice Hobson

Affirming.

J. W. Turk brought this suit against E. B. Carson, to recover damages for an alleged trespass by Carson, and the cutting of timber by Mm on a tract of land which Tnrk alleged be owned and bad in possession. Carson filed an answer in which be controverted the allegations of the petition as to Turk’s ownership or-possession of the land and pleaded affirmatively that it was bis land. On a trial of the case the circuit court practically instructed the jury that the land was the property of Turk, and the jury having returned a verdict in Turk’s…