Lipps v. Marcum

Opinion op the Court by

Judge Sims

Affirming.

The appellee, Gr. C. Marcum, filed this action against Joe Lipps and others to recover $1000 for timber which he averred defendants wrongfully cut from a tract of land described in the petition and to enjoin them from further trespasses. Lipps filed his separate answer and counter-claim, the first paragraph of which was a traverse and the second was a plea of adverse possession. A reply completed the issue.

During the litigation an agreed order was entered permitting timber to be cut from the land and the proceeds held in bank. The chancellor, decided…