Kirk v. Cassady

Opinion op tiie Court by

Judge MoCandless—

Affirming.

Claiming title and possession of a certain boundary of land, R. C. Kirk sued H. C. Cassady in equity for damages for cutting timber 'and asked an injunction against future trespasses. In their answer defendants admitted the cutting, traversed the allegation of title and possession, and in separate paragraphs affirmatively pleaded that they were acting as agents and tenants of. Amos Cassady; that he was the owner and in possession of a described tract of land which embraced that claimed by defendant. They also pleaded and relied on the…