Williams & Templeton v. Brewer

Wyatt, Presiding Justice.

The bill of exceptions in the instant case is addressed to the Court of Appeals. The Court of Appeals transferred the case to this court upon the theory that it was an equitable one. An examination of the record discloses that the case began as an equitable one. There were prayers for injunction by each side seeking to enjoin the cutting of certain timber and seeking to enjoin the interference by the other with the cutting of the timber. A temporary injunction was granted. However, it now appears that the timber involved in this litigation has been cut. Therefore, any…