Johnson v. Franklin

Nichols, Presiding Justice.

The plaintiffs sued the defendants to enjoin a continuing trespass and to recover for timber cut from their land. The defendants’ answer alleged that they and not the plaintiffs, owned the land in question. The *228issues as thus made were (1) who owned the land, (2) had timber been cut therefrom by the defendants, (3) what was the value of the timber cut if it was cut from the plaintiffs’ land, and (4) should a permanent injunction issue? The jury returned a verdict for the plaintiffs which awarded damages and found that the defendants should be restrained. The…