Kirby Lumber Co. v. Temple Lumber Co.

Mr. Justice CR1TZ

delivered the opinion of the court.

This suit was filed by the Kirby Lumber Company, a corporation, against Temple Lumber Company, also a corporation, as an action in trover, to recover the manufactured value of •one-third of the timber cut by Temple Lumber Company from a certain tract of 427 acres of land in Sabine County, Texas. Trial in the district court with a jury resulted in a verdict and judgment for Kirby Lumber Company for $53,100.98. On appeal by the Temple Lumber Company the Court of Civil Appeals at Beaumont reversed the judgment of the trial court, and rendered…