Floyd v. Williams

" This'suit was brought by the appellees, Mrs. C. D; Williams and her husband, against the appellant D. B. Floyd, for both actual damages and the statutory penalty for cutting somé “ornamental” trees of certain dimensions on their land which had been reserved in their deed to the appellant of the timber on 420 acres. Upon motion being made to require the plaintiffs to elect as to whether they would seek to recover the actual damages or the statutory penalty, and which motion was'well’taken in view of the fa'ct that the declaration wa's predicated upon Section 1076, Code of 1942, which does…