SIMPSON, Justice.
The plaintiff recovered of the defendant $500 damages on Count 3 of the complaint charging trespass to land and cutting timber. Counts 1 and 2 were in debt to recover the statutory penalty for cutting the timber (Code 1940, Title 47, § 272) but the jury made no return on these counts, so we consider only Count 3.
The proper measure of damages for a recovery under Count 3 (for trespass quare clausum fregit) is the difference in the value...
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