Brown v. Huckabaa

This is an appeal by complainant from a final decree in equity denying him a permanent injunction to prohibit respondent from cutting timber on a certain forty acres of land in Covington County.

Complainant purchased the land from Hinton Bogan who purchased it from R. I. Hart, and respondent claimed the right to cut the timber under a prior deed from Hart. The timber deed was on record when the others purchased the land.

This controversy is controlled by a construction of the timber deed, which is dated September 29, 1945, and conveyed to respondent “all the merchantable timber now standing and…