Southern Land & Cattle Co. v. Simmons

Andrews, Judge.

Southern Land & Cattle Company (Southern) brought suit seeking to recover the value of timber cut, removed and sold by Simmons without Southern’s permission from land to which Southern held le*735gal title. The trial court granted summary judgment in favor of Simmons, and Southern appeals.

Viewing the evidence in favor of the non-moving party on summary judgment (Eiberger v. West, 247 Ga. 767, 769 (281 SE2d 148) (1981); OCGA § 9-11-56), the facts establish that Simmons cut and sold the timber at the direction of Martha Johnson who, at the time of the cutting, was in possession of…