McFarland v. Curtin
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Southern District of West Virginia, at Charleston;- Benjamin F. Keller, Judge. Bill by J. E. McFarland against George W. Curtin. From a decree dismissing the bill, complainant appeals.
1Opinion of the Court
KNAPP, Circuit Judge.
The above-named appellant, plaintiff below, who claims to be the owner of a tract of land of some 500 acres in Webster county, W. Va., sold the timber thereon, in May, 1902, to Ross F. Stout and two others, who soon afterwards began cutting the same. Thereupon the defendant, Curtin, who also claims ownership of this tract, or some part of it, brought suit in the circuit court of Webster county against Stout and his associates to restrain the cutting operations which they had commenced, and obtained a temporary injunction. McFarland, who lived in ] Pennsylvania, was not…
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