Taylor & Crate v. Stacey

*597Opinion op the Court by

Judge Nunn

Affirming.

This action was instituted by appellant, a corporation to recover of Taulbee & Allen $170.00, the value of timber cut from two patent boundaries of land described in the petition, and $50.00 damages. Appellee, S. L. Stacey, filed a petition to be made a party to the action. He denied the ownership of the land by appellant, from which the timber was cut, and alleged that he was the owner thereof and that he sold the trees to Taulbee & Allen.

Appellant, in its petition, set forth two patent boundaries, claimed all the land within both, and alleged that…