Withers v. Tyler County Lumber Company

McNEILL, Justice.

The action is one for damages on account of the alleged wrongful cutting and removing timber from a tract of 1,020 acres in the R. A. Irion League situated in Polk, Hardin, and Liberty Counties, a part of the factual background for which is described in the connected case of Tyler County Lumber Co. v. Withers, Tex.Civ. App., decided by this court in 260 S.W.2d 896. The present suit was instituted by C. C. Rouse and Thomas J. Bate, individually and as partners composing the firm of Tyler County Lumber Company, as plaintiffs who are now appellees, against C. I. Withers and J.…