Donald Baxter, d/b/a Baxter Lumber Company v. Jacqueline F. Lyttle

Summary

The Indiana Supreme Court considered whether a timber buyer who had purchased timber from the former landowners was subject to statutory treble damages after cutting the timber following the sale of the land to an innocent purchaser. The court strictly construed Indiana Code § 25-36.5-1-17 and held that the buyer had previously purchased the timber within the statute's meaning, so treble damages were unavailable. The court preserved the buyer's liability for compensatory damages and ordered modification of the judgment.

Holdings

1. A timber buyer who previously purchased the timber is not liable for statutory treble damages under Indiana Code section 25-36.5-1-17, even if the unrecorded timber contract is void as against a subsequent purchaser of the real estate.
2. Baxter's intent or lack of intent is irrelevant to the decision because the dispositive fact is that he previously purchased the timber.

Questions Presented

1. Whether a timber buyer who previously purchased the timber from the former landowners is liable for statutory treble damages when the unrecorded timber contract is void against a subsequent bona fide purchaser of the real estate.
2. Whether the timber buyer's lack of knowledge or intent affects the application of the treble-damages statute.
3. Whether the prior purchase of the timber precludes treble damages under Indiana Code section 25-36.5-1-17.

Disposition

reversed_and_remanded