Conaway v. Isaacs

Citations

• 28 Del. 473
• 5 Boyce 473
• 94 A. 769
• 1915 Del. LEXIS 30

Syllabus

<p>1. Trespass—Defenses—Title or License.</p> <p>Where the plaintiff was in actual possession of the land at the time of defendant’s entry to cut timber, such entry was a trespass, unless he could prove title to the premises or a license to make such entry.</p> <p>2. Trespass—Possession of Plaintiff—Effect.</p> <p>Where the defendant' in trespass admits cutting trees, of which the plaintiff was in possession, plaintiff can recover without further proof of title, unless the defendant proves paramount title, or possession in common with the plaintiff.</p> <p>'3. Boundaries—Control of Courses and Distances by Natural and Known Boundaries.</p> <p>Where a deed calls for natural and known boundaries inconsistent with a description by courses and distances, the natural and known boundaries control such courses and distances.</p> <p>4. Trespass—Damages—Cutting and Removal of Timber.</p> <p>In an action for trespass by the cutting and removal of timber, the plaintiff was entitled to such damages as the evidence showed he had suffered.</p> <p>.5. Evidence—Weight and Sufficiency.</p> <p>In civil actions a preponderance or greater weight of the evidence controls.</p> <p>6. Trial—Question for Jury—Weight of Evidence.</p> <p>The jury are the judges of the weight and value of evidence and the credibility of witnesses.</p> <p>7. Evidence—Deliberations of Jury—Reconciling Testimony.</p> <p>Where there is a conflict in the testimony, the jury must reconcile it, if possible; if not, they must credit that part which they deem most worthy of credit, and reject that part which they deem unworthy of credit.</p>