Bainbridge Farm Co. v. Ball

(After stating the foregoing facts.)

The petition does not make a ease for the relief sought by petitioners against the defendants. Under their lease the petitioners could cup for turpentine purposes only trees measuring eight inches and over, eighteen inches from the ground; and they had no right to cup trees of less size, or trees which were reserved by the defendants under this lease. Petitioners admit that they had been doing both of these things. In these circumstances the officers of the defendant company had the right to count the trees and measure the' lands for the purpose of…