Everson v. Seller

Howk, J. —

In his complaint in this cause the appellee Seller alleged that, in January, 1883, he was the owner and in the possession of twenty-five oak logs, of the value each of $25; that the appellant Everson, and his agents, unlawfully entered upon appellee’s premises and seized, hauled away and appropriated such oak logs to his own use; and that appellee expressly waived the tort described and brought this suit to recover the value of the logs so taken and appropriated by appellant to his own use. Wherefore, etc.

The cause was put at issue and tried by a jury, and a general verdict was…