Smith v. Timon

In this case, plaintiff sues for $952.00, damages that he alleges defendant caused him by cutting, removing and deadening the timber on 17.36 acres of land, and selling tie timber from said land for which the defendant received $56.80; $300.00 for vindictive damages, and. $200.00 for attorney’s fees.

There was judgment in the lower court in favor of plaintiff for $175.00,' and plaintiff appealed.

The evidence convinces us that the defendant, in perfect good faith, went upon the 17.36 acres belonging to plaintiff, believing the same to be his own property, and deadened the timber thereon as the…