Bond v. Griffin

Citations

• 74 Miss. 599

Syllabus

<p>1. Trespass to Land. Good faith. Measwe of damages.</p> <p>Where defendant, in good faith, believing he owned the land, cut trees therefrom, he is liable to the real owner only for the value of the trees at the time of the taking. Illinois, etc., B. B. Co. v. LeBlanc, post, p. 626.-</p> <p>2. Replevin. Alternate judgment. Code 1892, $ 3726. Election.</p> <p>If a plaintiff in replevin recover, the judgment, under code 1892, l 3726, should be in the alternative, for the property or its value as found by the jury. The defendant in such case can elect to pay the value and retain the property.</p> <p>3. Same. Plaintiff’s interest. Instruction.</p> <p>If the testimony shows that plaintiff has only a limited interest in the property, an instruction announcing his right to recover should confine the right to the value of such interest.</p>