Fairchild v. Wiggins

McFADDEN, Justice.

Appellant Fairchild filed this action for declaratory relief to adjudge he was the owner of certain timber growing on lands of respondents Wiggins and wife, or in the alternative for damages for respondents’ refusal to allow him to cut the timber. His claim is based on a bill of sale executed and delivered to him, by respondent Earl Wiggins, which bill of sale was not signed or acknowledged by Mrs. Wiggins. Respondents moved for dismissal of the action, which motion was denied, and they filed their answer to appellant’s complaint. Respondents submitted interrogatories to…