Acree v. Bufford

Citations

• 80 Miss. 565

Syllabus

<p>1. Replevin. Exemplary damages. Evidence. Good, faith.</p> <p>In replevin for logs, in which exemplary damages are claimed by the plaintiff, the defendant’s deed to the land from which they were cut is admissible in evidence to show his good faith and non-liability for exemplary damages, although the deed had since the taking of the property been adjudged void on grounds not affecting his integrity.</p> <p>2. Same.</p> <p>A defendant who in good faith purchased and obtained a deed to timbered land, and who found thereon freshly cut logs, which he reasonably believed were cut after his purchase, is not liable for exemplary damages for taking the logs, although it be ascertained that his deed was void on grounds not affecting his integrity, and that he did not purchase the logs.</p> <p>S. Same. Costs of preparing for and transporting to market. Measwre of damages.</p> <p>In replevin by the owner against one who has removed timber from the lands upon which it grew, believing in good faith that he had title, defendant should be permitted to show in reduction of damages the costs of preparing the timber for and transporting it to the market where it was seized.</p>