Stephens v. Stephens

Opinion op the Court by

Judge Nunn

Affirming.

The appellant brought this action in ordinary to eject Joshua Stephens, the appellee, from a 13-acre *354tract of land. The petition alleged that appellant was the owner, but that appellee was wrongfully in the possession of it. This petition was filed February 23d, 1911. The appellee, on February 27th, 1911, filed an action in equity for trespass, seeking to enjoin the appellant from cutting down, destroying, and removing timber from the 13-acre tract of land. He alleged that he was the owner and in possession.

At the first term of court an agreed order…