Bryant v. Kentucky Lumber Co.

Opinion of the Court by

Chief Justice Hobson—

Beversing.

This litigation originated in an action of the Kentucky Lumber Company against Pres. Perkins and Boberta S. Bryant, the appellants, brought in October, 1906, in which the lumber company claimed that it was the owner of certain timber that Perkins acting for Boberta S. Bryant had cut and removed. Judgment for the value of the timber was sought, and also an injunction to prevent the defendant from cutting or removing timber.

Perkins, in his answer, admitted cutting timber, hut claimed the right to do so under his co-defendant, Boberta S.…