Elk Creek Lumber Co. v. Hamby

PARKER, Circuit Judge.

This is an appeal in a suit instituted to foreclose the equities in a contract for *145the sale of land and timber, and to enjoin interference with plaintiff’s possession of lumber claimed under the provisions of that contract. Certain persons claiming the lumber by reason of laborers’ liens and sales under execution made for the enforcement of same were made parties defendant in the suit; and from a decree in their behalf plaintiff has appealed.

Plaintiff is a lumber company owning a tract of timber land in Wilkes county, N. C., which on March 17, 1934, it contracted in…