Smith v. Rader

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

This action was brought by plaintiff, Gr. W. Rader, against defendants, Isam Smith and Jerry Allen Sparks, to recover judgment against them for timber which they had cut and removed from a small tract of land in Jackson County, Kentucky, to which plaintiff asserted title, and to enjoin them from further cutting or removing any timber from the land. Defendant, Isam Smith, denied plaintiff’s title and pleaded title in himself. On final hearing the chancellor gave judgment in favor of plaintiff, and perpetually enjoined defendants…