Cooper v. W. P. Brown & Sons Lumber Co.

It is conceded by appellants in argument that the primary purpose of the bill is to quiet title to lands, and that the other relief sought is incidental. To this end the bill contains all the averments and prayer for statutory relief. Code 1923, §§ 9906, 9908.

The bill proceeds, however, to show that defendant company is the owner of all the merchantable timber 10 inches in diameter and up, 12 inches from the ground, standing .and growing upon the lands, by virtue of a timber deed- from these complainants. Th'e deed carries the right of ingress and egress for removal of the timber for a period…