Whiteside v. Divers

Citations

• 5 Scam. 335

Syllabus

<p>Error to Monroe.</p> <p>r. Debt for cutting timber — necessary title. An action of deb'f, under the statute, for cutting timber cannot be maintained without proof of title in fee simple, in the plaintiff, to the land on which the trespass was committed. Absence of proof of title cannot be supplied by proof of possession, (a) </p> <p>2. Same — same. Where a wife is joined with her husband in an action of debt, under the s atute, for cutting timber, evidence of an estate in the wife in the lands trespassedupon is necessary in order to sustain the allegation in the plaintiff’s declaration that the husband and wife were the owners of such latid.</p> <p>3. Evidence — land office certificate. The official certificate of the register of the land office of the purchase by the wife of a tract of land is sufficient and legal proof to sustain the allegation that the husband and wife were the owners of the same.</p> <p>4. Same — same. Where a patent furnishes no evidence of title to the lands trespassed upon at the time the trespasses were committed the official certificate of the register of the land office is admissible, for the purpose of showing that title was acquired before the issuing of the patent and prior to the trespasses complained of. The fact that the patent was introduced in evidence cannot affect the question of the admissibility of the certificate.</p>