Opdyke v. Stephens

The opinion of the court was delivered by the

Chief Justice.

Error to the Morris circuit. Stephens, the defendant in error, brought an action of replevin in the Morris circuit for a lot of timber, and recovered judgment. To reverse that judgment the defendant below has brought this writ of error. On the trial, to prove property in the timber, the plaintiff relied upon his title to the land where the timber was cut. The precise point in controversy involved the true location of the north lines of the plaintiff’s tract. If those lines are located according to the claim of the plaintiff, the…