Tennessee Supreme Court November 8, 1871 (Hart v. Vinsant)

NicholsoN, O. J.,

delivered the opinion of the court.

Vinsant sues .Hart in replevin for a number of new rails. They were out and split by Vinsant on unenclosed land, and after they were so cut and split Hart hauled them away and appropriated • them. The land on which the trees stood out of which the rails were made, was in dispute between the parties as to its title.