Fordson Coal Co. v. Garrard

Opinion of the Court by

Stanley, Commissioner

Affirming.

This suit was instituted by the Fordson Coal Company against E. G. Garrard and the heirs and representatives of his deceased brother, W. T. Garrard, to enjoin the cutting and removal of timber upon a large body of land in Clay County which the plaintiff and the defendants owned jointly. The answer claimed the defendants owned all the white oak, poplar, cucumber, ash and black walnut of certain dimensions. It was admitted that the plaintiffs and the defendants each owned an undivided one-balf interest in tbe land and the timber tbereon…