Fitzhugh v. Norwood

This is an action instituted by appellees against appellant to recover treble damages for the cutting of timber on a certain tract of land in Hot Spring County, owned by all of the parties to the suit as tenants in common, appellees being the owners of an undivided one-eighth interest, and appellants being the owner of an undivided three-fourths interest. Appellant was in possession of the land and cut the timber without obtaining the consent of the other owners.

Appellant testified that he cut the timber for the purpose of clearing the land for cultivation, and it was undisputed that the…