Whitworth v. Barnes

This action is in equity to restrain waste of timber growing upon lands in which plaintiff is alleged to have an interest. A demurrer to the petition was filed, on the ground that no cause of action or for relief was stated. The demurrer was sustained and plaintiff appealed.

*270The petition alleges that plaintiff is the -widow of William Whitworth, who died intestate in April, 1912, leaving plaintiff and three children. That in his lifetime and at his death he was seized in fee of certain described land, in which plaintiff had a dower life estate. That several years prior to his death this…