McKay v. Blackwell

Opinion by

Judge Peters :

This suit was brought by appellees to restrain appellant from cutting and removing wood and timber from the land of appellees. The defense to the action is that appellees had sold to appellant all the wood and timber within a specified boundary, including about fifty acres; that appellant had the right to cut and sell all or as much of the wood and timber within said boundary as he could sell, and was to cut and remove the same as fast as he could find sale for it, except such timber as was suitable for rails and boards; that for the wood sold within said boundary…