Gott v. Moore

This dispute is about the ownership of the timber on seventy-eight acres of land. Appellee Moore brought the suit to enjoin the appellants from interfering with Moore’s efforts to cut and remove the timber. The complaint concedes that appellants own the land but alleges that they bought it subject to Moore’s title to the timber. The appellants defended the suit on the ground that Moore had no title to the timber. The chancellor upheld Moore’s title and entered a decree permitting him to cut and remove the timber.

The parties’ claims derive from a common source of title. In 1941 the land was…