Title 51, Chapter 12, Section 50
( 51-12-50)
Except as provided in Code Section 51-12-51, where plaintiff recovers for timber cut and carried away, the measure of damage: (1) Where defendant is a willful trespasser, is the full value of
the property at the time and place of demand or when an action is
brought without deduction for his labor or expense; (2) Where defendant is an unintentional or innocent trespasser or
an innocent purchaser from such trespasser, is the value at the
time of conversion less the value he or his vender added to the
property; and (3) Where defendant is a purchaser without notice from a willful
trespasser, is the value at the time of his purchase. |