New York Supreme Court March 15, 1869 (Phillips v. De Groat)

*193By the Court

James C. Smith, J.

The complaint alleges, in substance, that in the years 1866,1867 and 1868, the plaintiff was the owner of certain timber, being on a piece of land in Bindley, Steuben county, therein described; and that during the time aforesaid, the defendant wrongfully took, carried away, and converted the said timber to his own use.