A. C. Tuxbury Lumber Co. v. Byrd

The opinion of the Court was delivered by

Mr. Justice Marion.

The plaintiff, lumber company, brought action against the defendants, who by their deed had conveyed to said company the timber on a certain tract of land, to enjoin the defendants from cutting and removing the timber and for damages. Under the pleadings the general issue joined was that of title to the timber. The plaintiff secured a temporary injunction. On the trial of the cause the presiding Judge refused defendants’ motions for nonsuit and for a directed verdict, and granted a motion for a directed verdict in favor of the…