Carroll v. Parker

This appeal raises only one question; i.e., was the nonsuit properly entered.

Plaintiffs seek an accounting for timber cut from their lands by defendant Z. B. Byrd, Jr., holder of a note given to him and defendant Marie Stephenson Byrd, which note is secured by a purchase money deed of trust conveying the lands to defendant E. A. Parker, Trustee. They contend that the note was not in default at the time foreclosure was initiated because they were entitled to a credit on the note for the timber wrongfully cut, and they ask that the pending foreclosure be restrained until the matters set out in…