Patton v. Lucy

Opinion of the Court by

Morris, Commissioner — •

Reversing.

The Patton brothers appeal from a judgment denying them an injunction sought to restrain appellee from cutting and removing timber from land which had been conveyed to them January 1940, by Wm. Church. Lucy had been theretofore and was then cutting and removing timber under an oral contract with Church. On May 2, 1940, appellants filed petition alleging purchase, ownership and possession of the land; asserting that Lucy was removing timber without lawful right, and sought perpetual injunction, and by amendment damages for timber alleged…