Denkman Lumber Co. v. Henderson

Appellees, E. R. Henderson and his wife Mrs. Pearl Henderson, brought this action in the circuit court of Leake County against appellant, Denkman Lumber Company, for the alleged wrongful damage done their land and recovered a judgment in the sum of $2,500, from which judgment this appeal is prosecuted.

The land involved consisted of 100 acres, 40 acres of which was owned by the husband and wife as tenants in common ; 601 acres of it was owned by the wife alone. The two tracts were adjoining. The lumber company claimed the right to cut and remove certain merchantable timber from the land, which…