MORGAN v. FULLER

No. 15743-CA.

441 So.2d 290 (1983)

Niven D. MORGAN, Plaintiff-Appellee, v. Jo Ann FULLER et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearings Denied November 10, 1983.

Writ Denied December 16, 1983.


Attorney(s) appearing for the Case

Law Offices of Percy A. Ford, Jr. by Percy A. Ford, Jr., West Monroe, for defendant-appellant, Floyd Britton.

Blackwell, Chambliss, Hobbs & Henry by K. Tod Cagle, James A. Hobbs, West Monroe, for defendant-appellant, Jo Ann Fuller.

Brown, Wicker & Amman by D. Milton Moore, III, Monroe, for defendant-appellant, Monroe Pulpwood, Inc.

Wright & Hennen by Patrick H. Wright, Jr., and Dennis Hennen, Monroe, for plaintiff-appellee, Niven D. Morgan.

Before MARVIN, FRED W. JONES, Jr., and SEXTON, JJ.


FRED W. JONES, Jr., Judge.

In a possessory action coupled with a claim for damages for wrongful cutting of timber, judgment was rendered maintaining the possessory action and assessing treble damages [under La.R.S. 56:1478.1] against the timber cutter [Britton], his vendor [Fuller], and one of Britton's vendees of the timber [Monroe Pulpwood, Inc.].

The named defendants appealed, with all three contending the trial judge erred in applying the "treble damage...

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