Baten v. Kirby Lumber Corporation

SIBLEY, Circuit Judge.

Kirby Lumber Corporation sued Thos. J. Baten, Kelly Williams and wife, Southern Lumber Company and others in trespass to try title for a large tract of land in' Hardin County, Texas, referred to as the J. V. Richardson survey, minutely describing it, and for damages for cutting timber therefrom, praying “judgment for the title and possession of the above described land and for damages against defendants.” Baten answered with general denials, and by cross-action prayed to recover of plaintiff a specially described tract of 160 acres called the J. T. Overstreet survey.…