Hudson v. Cox

Opinion of the Court by

Judge Dietzman

Reversing.

Appellants, co-owners of a tract of land in Ohio county which one of them had bought from appellee, brought this action to enjoin the latter from cutting timber on the land in question and for damages in the sum of $200.00 for timber .theretofore cut. Appellee defended on the ground that from the deed he made to the named appellant for the land in question there was omitted by mutual mistake a provision of the contract of sale to the effect, quoting from defendant’s answer, that he “reserved from said sale sufficient timber to be cut from said…