Appeal from Jackson Circuit Court; Frederick D. Fuekerson, Judge;

STATEMENT BY THE COURT.

Appellee alleged, in substance, that on November 24, 1902, h§ bought of appellant certain timber on a certain tract of land in Jackson County, paying therefor $275; that appellant also agreed to sell him all the timber on nine hundred acres adjoining the first tract at the rate of $2.75 per acre; that on same day appellant sold him a half interest in a sawmill on the premises for $350, to be paid for at the rate of $20 per month, beginning 1st of February, 1903; that it was agreed that appellee should operate the mill for sawing the timber, and that he should have immediate possession for the purpose of cutting, hauling and sawing the timber purchased ; that he took possession, and, in order to secure the timber and operate the mill in sawing same, it was necessary for him to make certain improvements and repairs, which he did at the following cost:

One bridge ...............................$150.00

Three wood split pulleys, $5.00 each.......... 15.00

Belting ................................... 45-00

One bolder ............................... 40.00

One exhaust pipe .......................... 27.00

Gas fittings ............................... 18.00

Globe- valve ............................... 11.00

Steam gauge .............................. 12.00

One log turner ............................ 10.00

Repairs to mill ............................ 100.00

Total of............................$428.00

Appellee further alleges that he brought laborers to the mill from Tittle Rock at a cost of $75, and that he had put these to work cutting timber, and that they cut and had ready for market fifty thousand feet of timber, worth $350. He further alleges that he was operating said mill and cutting said timber when on or about the 20th day of April, 1903, defendant forcibly and violently and without right took possession of all of said timber and said mill and the machinery, and, being armed with a deadly weapon, drove plaintiff out' of possession, and drove off by threats and intimidation all of plaintiff’s employees, cut the belts on the machinery, took away the steam gauge and globe valve, and so rendered the mill unfit for operation, prevented the hauling of the hickory timber, and the same became worthless.

“Wherefore he says that by reason of appellant’s conduct he has sustained actual damages in the sum of $1,173, for which he prays judgment, and for the further sum of $2,500 as exemplary damages, his cost and all proper relief.”

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