Tootle v. Player

Bell, Presiding Judge.

Mrs. R. E. Player sued out an attachment against Dave Tootle. After execution of the attachment plaintiff filed her declaration in trespass seeking to recover damages for defendant’s cutting timber on land owned by plaintiff. The declaration was based on Code .§ 105-1404, which gives a right of action in trespass to one having bare title to lands, and made no allegations concerning possession of the land. Upon trial of the case the only evidence introduced to prove plaintiff’s title consisted of a tax deed conveying the land in question to R. E. Player, evidence of the…