Union Sawmill Co. v. Summit Lumber Co.

Citations

• 124 La. 270
• 50 So. 35
• 1909 La. LEXIS 463

Syllabus

<p>Judgment (§ 251*) — Coneormits to Issues.</p> <p>The cause of action on which plaintiff declared being that defendants had committed an actual trespass by entering on certain tracts of land, and cutting and removing timber therefrom. with allegations of fear of trespass on other tracts unless injunction was issued as prayed, and allegations of the cutting and banking of a certain amount of timber, sequestration of which was prayed, and the prayer, so far as concerns the question of ownership, being to be decreed the owner of said logs, the allegation that plaintiff was the owner and in possession of certain lands and the timber thereon, and the owner of and in possession of the timber on certain other lands, was simply in aid of the action of trespass, so that consideration of, and judgment as to, the question of ownership and possession, beyond what was necessary for determining the question of trespass, was beyond the issues involved, and so unauthorized.</p>