Baldwin v. McLendon

A. J. Baldwin brought a petition against J. N. Mc-Lendon, praying for an injunction against the cutting and removing of timber from certain lands described in the petition. Mc-Lendon filed an answer admitting that the land belonged to the plaintiff, and that he intended to cut and remove the timber as alleged, by virtue of a lease made by Baldwin to Beynolds Brothers Lumber Company, which lease had been acquired by McLendon. Pending the litigation, but after the first trial of the case, A. J. Baldwin died, and his executor, W. A. Baldwin, was made a party plaintiff. Upon the trial McLendon…