Niehuss v. Ford

FOSTER, Justice.

This suit was begun at law by appellant in an action against J. R. Nettles for damages for cutting timber on a certain tract of land. Defendant paid the money into court, and suggested a claimant who, however, did not claim it, but E. O. Ford intervened as claimant. On motion of plaintiff, who is appellant here, the cause was removed to equity. Appellant then filed in the cause his bill in equity, and no issue is here made as to its sufficiency.

Appellant and Ford each claimed the timber under a common source, Fannie Ruffin. It is here argued as if the rights of the parties are…