Einstein v. Holladay-Klotz Land & Lumber Co.

1. This is an action for the value of timber cut from lot 1, of the northeast quarter and lot 2 of the northwest quarter, section 6, ’ township 26, range 4, in Wayne county. The action originally em? braced also damages for timber cut from lot 1 of the northwest quarter of said section, but this claim was abandoned. The case was here on a previous appeal and is reported and the facts stated in 118 Mo. App. 184, On the second trial, which was by the court without a jury, the defendant prevailed. . The. entire question turns on the title to the premises, as the land was not in the possession of…