J. Walter Wright Lumber Co. v. Baker

PALMORE, Judge.

The appellant company, which we shall call “Wright,” brought this action for damages and injunctive relief against the cutting and removal of timber within the overlap of three conflicting patents, the senior of which was not owned of record by either of the parties at the time the suit was commenced. During the course of the trial (by depositions), the defendant-appellee Baker acquired by deed the record title to a major portion of the senior patent, embracing the area in question. Baker duly amended his counterclaim demanding that his title be quieted. Wright pleaded…