McGEHEE, C.J.
The plaintiff, W.Y. Thrash, brought this suit against the defendants D.E. Morrow and Jim Ferguson to recover damages, both actual and as statutory penalties, for the cutting of 63 trees in the S 1/3 of the W 1/2 of the SW 1/4, Section 26, Township 9, Range 9E in Leake County, the same having been cut from a strip of land lying south of the north boundary line of the plaintiff's land and north of an old, crooked and dim wagon road, partly grown up in...
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