Upton v. Wimbrow
Supreme Court of Arkansas
Appeal from Sevier Circuit'Court; Jamies 8. Steel, Judge; STATEMENT OE PACTS. Frank Upton sued John Wimbrow in the circuit court in an action of trespass to recover damages for cutting and removing a quantity of trees from his land. The action was based upon sections 10320-10322 of Crawford & Moses’ Digest. Wimbrow cut from Upton’s land a number of hickory trees, amounting in the aggregate to 76,652 feet, of the value of $613.21, and converted the same to his own use.
Read the full summary
Appeal from Sevier Circuit'Court; Jamies 8. Steel, Judge; STATEMENT OE PACTS. Frank Upton sued John Wimbrow in the circuit court in an action of trespass to recover damages for cutting and removing a quantity of trees from his land. The action was based upon sections 10320-10322 of Crawford & Moses’ Digest. Wimbrow cut from Upton’s land a number of hickory trees, amounting in the aggregate to 76,652 feet, of the value of $613.21, and converted the same to his own use. According to the testimony of Upton, his boundary line was plainly marked by blazes cut on the trees, and it was easy to…
1Opinion of the CourtHart, J.
(after stating the facts), It is the contention of the plaintiff, Upton, that the court erred in not allowing him treble damages for the trespass. The plaintiff relies on section 10320 of Crawford & Moses’ Digest, which provides, in substance, that if any person shall cut down or remove any timber growing on the land of another, every person so trespassing shall pay the party injured treble its value.
Section 10322 of Crawford & Moses’ Digest provides that if, on the trial of any action brought under the provisions of the act, it shall appear that the defendant had probable cause to believe…
2Cases cited6 opinions
- Barnes v. JonesCalifornia Supreme Court · 1876
- Russell v. IrbySupreme Court of Alabama · 1848
- Wallace v. FinchMichigan Supreme Court · 1872
- Whitecraft v. VanderverIllinois Supreme Court · 1850
- Fogel v. ButlerSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Russell v. PryorSupreme Court of Arkansas · 1978
- Sturgis v. NunnSupreme Court of Arkansas · 1942
- Case v. HuntSupreme Court of Arkansas · 1950