Marinaro v. Deskins

PALMORE, Judge.

The appellant is one of several plaintiffs who, claiming to be the owners of various undivided interests in a 100-acre tract of land on Cumberland Mountain in Pike County, Kentucky, and to be in possession of the land, brought this action against the appellees for damages resulting from the cutting and removal of timber. On the basis of testimony heard in support of a *818motion for temporary injunction, supplemented by depositions taken subsequently, the trial court sustained a motion by ap-pellees for summary judgment dismissing the action. Appellees did not introduce any…