Chisem v. Kirby-Evans Material Co.

Wyatt, Justice.

This is a suit to enjoin the cutting of timber and to recover for timber already cut. The allegations of the petition, together with the allegations contained in a pleading designated as a verified reply to defendant’s answer, filed by order of the court below, were, in so far as is material here, as follows: that on November 15, 1946, Virgil Pickett conveyed to F. M. Jarrett by warranty deed certain described realty; that at the same time, Jarrett executed and delivered to Pickett an instrument in which Pickett was given the right of possession and of repurchase upon terms and…