Foshee v. Kirby Lumber Corporation

O’NIELL, Chief Justice.

This is a suit for damages, for the value of timber cut and removed by the defend ant from a tract of land which the plaintiff claims belongs to her minor son, Edgar Lee Scoggins. The plaintiff is suing in her capacity as tutrix of the boy, whose father is dead.

The plaintiff described the land from which the timber was cut and removed by the defendant, for the value of which timber she is suing, as being the S% of the NEJ4 and the Ni/á of the SEj4 and the SE}4 of the SE14 of Section 2, T. 1 N, R. 12 W. The defendant excepted to the petition on the ground that the…