Pate v. Peace

Appellees brought this action against appellant to recover the value of the pine timber cut and removed from 120 acres .of land in 9-14-17, Ouachita County. The facts are as follows: The owners -of the land from which the timber in controversy was cut executed and delivered a mortgage thereon to one Milner in February, 1926, to secure an indebtedness of $1,750, which mortgage was promptly recorded. Thereafter the-note and mortgage were assigned to Phillips Petroleum Company, who in October, 1927, the note not having been paid in full, brought suit to foreclose. The petroleum company, while…