Brown v. Wilkinson

CLEMENS, Judge.

In this court-tried case plaintiffs got a treble-damage judgment against Wilkinson under the tortious trespass statute (§ 537.-340 1 ) for cutting trees on their property. Plaintiffs concede they did not have record title to the five-acre tract where the trees grew but contend they had acquired ownership thereto by adverse possession.

Two square adjoining 40-acre tracts are involved. Plaintiffs owned the south 40 and used it regularly as a part of their 240-acre farm for pasturing cattle and growing and cutting timber. Mr. and Mrs. Wilson owned the north 40 but had sold their…