Bracey v. Adams

GARDNER, Justice..

Plaintiffs sued defendants for damages for wrongfully removing and converting to their own use certain pine timber on which plaintiffs had a lien for their wages in cutting. Section 8901, Code of 1923.

It appears from the agreed statement of facts that the timber was owned by defendants who employed one McKelvey to cut and manufacture the same into lumber. McKelvey had his own mill and equipment and furnished the labor therefor, and was paid by defendants all that was due him. Plaintiffs were employed by McKelvey, and defendants had no part in their employment.

Under these…