Sexton v. Ely

Opinion op the Court by

Judge Settle

— Affirming.

This action was instituted by the appellees to recover of appellants damages for the cutting and taking by the latter of timber from a tract of land in Breathitt County, described in the petition, of which appellees claim to be the owners and in the possession. At the time of filing the petition an injunction was obtained by appellees to prevent further cutting- of timber on the land by appellants. The answer of the appellants denied appellees’ ownership of the land upon which the timber was cut, alleged that it was not embraced in the land…