Noland v. Wise

CLAY, Commissioner.

This is an action to recover $2,000 for the wrongful cutting of timber on appellant Noland’s land, and to obtain an injunction to prevent further cutting. The trial judge dismissed the action. He determined that all the timber cut was north of a certain *169boundary line that this Court confirmed in Noland v. Wise, Ky., 259 S.W.2d 46, and that all the land north of that line belonged to appellee Wise. Appellants deny that the former litigation between the parties settled the question of the boundary line between their respective properties.

Noland v. Wise, Ky., 259 S.W.2d 46,…