Russell v. Myers

CAMPBELL, J :

Myers sued Russell, claiming to bold him liable for a trespass to lands, committed willfully, and subjecting the trespasser under the statute to treble damages. The declaration contained a count for the statutory grievance, and one for common-law trespass.

The facts showed that Russell conveyed the premises in question to Myers by warranty deed, but that not long previously he had sold three acres of timber to one Kuney, to be taken away within two years. The jury by their verdict found that Myers had no notice of this sale. Kuney, after having been forbidden by Myers to cut…