Bollinger-Franklin Lumber Co. v. Tullos

Citations

• 124 Miss. 855
• 87 So. 486

Syllabus

<p>1. Trespass. Statutory penalty not recoverable without proof of non-consent of all owners.</p> <p>In order to recover the statutory penalty for cutting trees, the joint owners must allege and prove the cutting was without consent of all the owners; consent by one of the tenants in common bars him, and also defeats the others; and failure to make proof of no consent by any tenant in common is fatal error under the statute, which is a penalizing act and must he strictly construed.</p> <p>2. Tbespass. JBoth statutory penalty and actual damages cannot be recovered for cutting trees.</p> <p>Both statutory penalty and actual damages cannot he recovered for cutting of trees.</p>