Green v. Marlin

There were tw,o counts of the complaint: One in trespass to land, and the other in trover for the conversion of timber cut off the land. The case was tried on the trover count by the court without a jury, and the finding was for the plaintiffs.

Plaintiffs (appellees) claimed by a timber deed from a Mrs. Perry, who had a deed from her father, C. W. Penn, in 1903, of a tract of 584 acres. He acquired it through a chain of title regular and complete to the original entryman, Mathew Penn, who entered it in 1853. C. W. Penn sold the oak staves in 1909, and they were cut and carried off. The taxes…