Gillum v. St. Louis, Arkansas & Texas Railway Co.

RAINEY, Associate Justice.

Appellants and C. M. and N. Houston were tenants in common, owning the Dikes league and labor of land in Hopkins County. C. M. and N. Houston sold growing timber thereon to Hargrove & Miller for crossties, piling, etc. They sold to Britton & Lyon, who used same on railway company’s roadbed. Appellants sue to recover for the timber thus used, alleging that the same was taken without authority.

The defendants’ answer alleged, among other things, that the timber was sold to the parties from whom they purchased, by the Houstons, who' were tenants in common with…