Stephens v. Kidd

Opinion of the Court by

Judge Sims

Reversing.

In this opinion the appellant, E. L. Stephens, will he called plaintiff, and the appellee, O. W. Renfro, will be called defendant. The other appellee, John Kidd, was merely a nominal defendant and will he referred to by name.

Stephens filed a petition in equity to enjoin Kidd and Renfro from entering upon and cutting timber from a tract of land located in Whitley County to which plaintiff claimed title and described by metes and bounds in his pleading as containing 200 acres. Kidd’s answer was a traverse. In a separate answer and counterclaim, after…