Mason v. . Stephens

This is an action against tbe defendant Stephens for wrongfully cutting timber on plaintiff’s land, and against tbe Blades Lumber Company for wrongfully receiving part of tbe same and not paying therefor. Judgment by default and inquiry as to Stephens was taken at February Term, 1913, and at May Term, 1913, a nonsuit was taken as to tbe lumber company.

At tbe trial term tbe judge directed a nonsuit as to Stephens on tbe ground that tbe nonsuit as to tbe lumber company bad been entered in consequence of a compromise and payment of tbe amount due by said lumber company. This was error. It…