Johnson v. Davis
Johnson v. Davis
Opinion of the Court
delivered the opinion of the court.
This is an action of trespass for the recovery of statutory damages for the boxing and cutting of pine trees. To this declaration the defendant pleaded not guilty. The verdict and judgment were for the plaintiff below, and the defendant appeals to this court.
The learned counsel for the defendant below, the appellant here, fully appreciating that they could get no reversal on the facts, base their written argument on the sole ground that the record shows that the plaintiff below had no title, alleging that the actual title is in the United States Government until patent issued. The record shows that the plaintiff proved possession and showed on trial a regular certificate from the proper officer of the United States Government, the register of the land office, of the location of the land by the plaintiff, and, further, a receipt from the United States receiver of the proper amount in full qf this eighty acres. Section 1959, Code 1906, fully covers this case, and provides that such certificates “ shall vest the full legal title to such land in the person to whom such cer
Affirmed.
Reference
- Full Case Name
- Jay H. Johnson v. Reuben M. Davis
- Status
- Published
- Syllabus
- 1. Evidence. Code 1906, § 1959. Code 1906, § 4983. Boxing pine trees for turpentine. United States’ Land office certificate. A United States land office certificate showing the entry or purchase of government lands is made competent evidence of title in the person to whom it was issued hy Code 1906, § 1959, so providing and authorizes him to maintain an action, under Code 1906, § 4983, giving the owner of pine trees a statutory penalty against another for boxing them for turpentine without his consent. 2. Same. This statutory rule of evidence has been the law since 1822. Hutchinson’s Code, p. 858, art, 1, § 87; Code 1857, p. 517, art. 229; Code 1871, § 808; Code 1880, § 1623; Code 1892, § 1782; Code 1906, § 1959.