Bassett

This is an action to recover the value of certain sawlogs alleged to have been wrongfully cut and removed by the defendant from the land of the plaintiff. The judgment was for the plaintiff, and the defendant moved for a new trial, which was denied. The grounds of the motion were that the verdict of the jury was not sustained by the testimony, and that erroneous instructions were given and other instructions, not erroneous, were denied.

The only real contest seems to have been in relation to the plaintiff’s possession of the land, from which the sawlogs were cut. It appears that the plaintiff, in company with two *501 or three other persons — it is impossible to determine from the record how many — undertook to acquire possession for themselves and other persons — constituting all together a company of eight- — -of eight quarter sections of land situated on Carson river in Alpine county — that is to say, a quarter section for each member of the company. The business of the company seems to have been the cutting of wood and timber for the Virginia market in the state of Nevada, and they sought the land for the sake only of the wood and timber which was growing upon it. The…