Berger v. Lexington Lumber Co.

The opinion of the Court was delivered by

Mr. Justice Bonham.

Plaintiff brought his action against Lexington Lumber Company and C. S. Shealy, K. C. Shealy, and E. R. Shealy, alleging “that the defendants, acting jointly as well as severally and concurrently, willfully, and with force and arms entered upon said premises (plaintiff’s land) and cut down and removed the said timber, converting the same to their own use and purposes.”

The defendant,, the lumber company, for answer set up a general denial; the defendants, the Shealys, for answer set up a general denial, and C. S. Shealy interposed a…