Day v. Asher

Opinion of the Court by

Chief Justice Hobson—

Eeversing.

In September, 1893, Franklin' Cornett, who owned a large body of land in Perry county, sold to H. H. Herman 685 poplar trees and 3 black walnut trees standing on the land. The trees were counted and branded H. H., and Cornett executed to Herman a deed. Herman cut a part of the trees leaving some uncut, and 157 of these standing trees passed by deed to Floyd Day. A. B. Asher and John Cobb entered on the land, and cut the trees. Thereupon Floyd Day brought this suit alleging that he was the owner of the logs, and took out an order of…