Guarantee Trust & Safe Deposit Co. v. Holzell

Citations

• 107 La. 745

Syllabus

<p>Syllabus.</p> <p>1. The timber was taken from one of two tracts of land. On the land oí plaintiff this timber was large, and corresponded in every particular with the timber it claims as having been taken from its land; on the other, from which the defendants claim the trees were removed, there was very little timber and it was small in size. The defendant admitted that he had taken timber from the plaintiff’s land, but failed to settle for as much as he had taken.</p> <p>2. The weight of the evidence is with plaintiff, and- for that reason defendants are held to pay an amount equal to the value of the trees at the time they were sold.</p> <p>3. Fifteen hundred logs were sequestered. Six hundred and forty-two logs had already been paid for, and the defendants owe for the remainder, viz, calculating three logs for each tree, which appears to be generally the number of logs usual to the tree.</p>