McGee v. Louisiana Lumber Co.

Citations

• 123 La. 696
• 49 So. 475
• 1909 La. LEXIS 765

Syllabus

<p>1. Deeds (§ 87*) — Record—Effect.</p> <p>An act duly recorded, evidencing the sale of land, cannot be interfered with by pleading unrecorded deeds and acts of dates subsequent.</p> <p>[Ed. Note. — For other cases, see Deeds, Dec. Dig. § 87.*]</p> <p>2. Notice Not to Cut Trees.</p> <p>The notice given by plaintiff not to cut down trees on the land was not so conclusive as to make the case one of extreme trespass of a criminal nature.</p> <p>3. No Estoppel.</p> <p>The estoppel pleaded by defendants was not of such a nature as to defeat plaintiff’s title.</p> <p>4. Amount oe Damages.</p> <p>The defendants owe the value of the property taken.</p> <p>5. Punitive Damages.</p> <p>Not a case for punitive damages.</p> <p>On Rehearing.</p> <p>6. Evidence (§ 586*) — Weight.</p> <p>As between the positive testimony of witnesses who have arrived at the quantity of timber cut and removed from a tract of land by actual measurement of the stumps and tops of the trees, and of the distance between, due allowance being made for the “jumping” of the trees in falling, and witnesses who merely guess at the amount, or undertake to estimate it, from memory, long after the fact, the positive testimony should control, and, particularly, as against a trespasser, who was warned, in advance, and who, nevertheless, kept no record of the quantity of timber cut and removed by him.</p> <p>[Ed. Note. — For other cases, see Evidence, Cent. Dig. §§ 2432-2435; Dec. Dig. § 586.*]</p> <p>Breaux, C. J., dissenting in part.</p> <p>(Syllabus by the Court.)</p>