Mills Lumber Co. v. Milam

Atkinson, Justice.

1. The action wa's originally for cancellation, injunction, and damages for cutting timber, and for an accounting, with reference thereto. By amendment it was alleged that the property had been sold under exercise of a power of sale contained in the deed of trust held by the plaintiff, but that in making the sale the trustee retained the claim for damages and is now proceeding upon the basis of the claim for damages. In these circumstances all equity features of the ease have been eliminated by amendment; and there being no other basis for jurisdiction of the writ of error…