Potter v. Damron

Opinion op the Court by

Judge Miller —

Affirming.

The appellant, Nancy Jane Potter, as the owner of the “Mitchell Clay Patent” containing fifty acres of land, on Elkhorn Creek in Pike County, brought this action to enjoin appellee from further cutting and removing timber therefrom. Appellee answered denying Mrs. Potter’s ownership of the land from which the timber was cut and alleged ownership thereof in the Big Sandy Company, from which company he had theretofore bought the timber. The circuit court dismissed plaintiff’s petition, and she appeals.

The only question therefore presented by this…