Gunn v. Parsons

The action -was to recover damages for cutting and removing timber. The trial by the jury was on counts 6 and 7, trespass to land or actions on the case; 9, for money had and received; and 10, for conversion of oak and hickory timber. The general issue was pleaded, “with leave to offer in evidence any matter or thing that, if specially pleaded, would be a good defense.” There was verdict for plaintiff. Counts 5 and 8 were eliminated by the charge of the court.

The evidence showed that plaintiff owned the land indicated in the counts during the years 1919 to 1922, inclusive; that for the same…