Fordson Coal Company v. Bowling

Opinion op the Court by

Judge Clay

Reversing.

Alleging that it was the owner of a certain tract of land in Leslie county, the Fordson Coal Company brought this suit against Ben Bowling and others to restrain them from entering on the land and cutting and removing timber therefrom. Issue was joined by answer, and thereafter an amendment was filed pleading limitation. Before the court ruled on the demurrer to the amendment the case was prepared on its merits. The demurrer to the amendment was then overruled, and, plaintiff having declined to plead further, the petition was dismissed. Plaintiff…