Kennedy v. Perry Timber Co.

McCALEB, Justice.

This is an action by the owner of a 161 acre tract of land, containing a growth of long leaf pine timber, to recover damages for the wrongful cutting and removing of said timber by the defendants, Perry Timber Company, Luther F. Simmons and Walton B. Coney. The substance of the claim is that the defendant,' Simmons, committed a physical trespass and cut and removed the timber from the property during May, June and July of 1947; that this trespass emanated from a verbal agreement between Simmons and the defendant, Coney, under which the latter, erroneously claiming to be the…