McMahon v. Fender

McDONALD, Chief Justice.

This is an appeal from a permanent injunction, enjoining defendant McMahon from going on or cutting timber off of a 640 acre tract of land in Shelby County.

Plaintiff Fender filed this suit alleging that he was owner of and in possession of a described 640 acre tract of land in Shelby County; that defendant McMahon was threatening to go on such tract and cut timber; and would do so unless restrained. The Trial Court granted a temporary restraining order, and set a hearing for temporary injunction.

Defendant McMahon filed answer in which he denied that plaintiff is owner…