Fogo v. Boyle

This action was commenced December 8, 1904, to restrain tbe defendants from cutting or removing from tbe premises therein described standing saplings, small trees, or any other trees more suitable for cord wood, fire wood, pole wood, or underbrush than for “timber.” It is conceded that tbe plaintiff became tbe owner of tbe land described May 9, 1904, under and by virtue of a deed executed by tbe owners and heirs at law of one Eoley, then deceased, subject, however, to a written contract made and executed by tbe said Eoley and tbe defendant Bart Boyle, January 23, 1904, wherein and whereby tbe…