Sibley v. Adams

WRIGHT, Presiding Judge.

Defendants appeal from a verdict and judgment in favor of plaintiffs for damages resulting when trees were cut from plaintiffs’ land.

Plaintiffs own approximately three acres of wooded land in Jefferson County. Defendant Sibley is the owner of an adjoining tract. In 1972, defendant Sibley leased his land for strip mining to the Hallmark-Coal Company, reserving the right to remove timber from the land prior to mining.

As part of his duties with Hallmark, defendant Smith, along with a surveyor for Hallmark, marked the boundary line dividing the Adams and Sibley tracts.…