Miller v. Wood

LIVINGSTON, Chief Justice.

The appeal is from a decree of the lower court sustaining a demurrer to a cross-bill.

The controversy between the parties to this suit arose over the manner in which respondent was exercising his rights under a timber deed, from complainant’s predecessor in title, to cut and remove certain timber from complainant’s land. .

In substance, the original bill alleged that respondent was cutting small timber to which he had no right or title under the timber deed, and was causing irreparable injury to the land and to the small timber of complainant by his logging methods *595and…