Fletcher Lumber Co. v. Fordson Coal Co.

Van Sant, Commissioner.

Reversing.

The action was instituted by appellee to recover damages for the wrongful cutting of timber on lands allegedly owned by it, and to enjoin appellant from continuing its timber operation thereon. Appellant asserted its right to cut the timber by reason of a contract with the Vizzard Investment Company, Incorporated; and, in the answer, alleged that the Vizzard Company is the owner of the lands on which appellant claims the right to cnt the timber. We will refer to appellant as the Lumber Company, appellee the Coal Company, and appellant’s lessor, the Vizzard…