Behymer v. Odell

This suit was brought by appellee to recover the statutory penalty for cutting trees upon her land. The primary question made is, that appellee did not prove that she was the owner in fee of the land upon which the trees were cut. The proof of title was a deed from William Shaeffer and wife to appellee, for eighty acres of land, with proper description, in which the grantors reserved “ the right to take any and all timber off of said land, without charge, they may need for their own use during their lives.” This was the only proof on this point. It is conceded in argument that the plaintiff,…