Lindsey v. A. B. Smith Lumber Co.

Opinion op the Court by

Judge Miller

— Affirming.

Lindsey sued Smith, doing business as A. B. Smith Lumber Co., for $1,000.00, the alleged value of timber which Smith had cut and removed from land belonging to Lindsey, between November, 1915, and May, 1916. The *560land belonged to Abram on November 17, 1914, and on that day he sold the standing timber in controversy to Smith, and gave him a writing evidencing the sale. By the terms of the contract Smith was to have one year from its date in which to cnt and remove the timber.

Abram sold the land to Walters in the fall of 1915, and Walters extended…