Harper v. Jones

Jordan, Judge.

This was a suit to recover damages for timber cut and removed from the plaintiff’s land by the defendants. The defendants demurred generally to the petition on the ground that the petition showed on its face that the action was barred by the statute of limitation. The trial judge sustained the general demurrer and certain special demurrers and dismissed the petition. The exception is to that judgment.

The plaintiff’s amended petition discloses that the right of action in this case accrued in 1951 when the timber was cut and removed but that the suit was not filed until May 6,…