Fordson Coal Company v. Potter's Executors

Opinion op the Court by

Commissioner Hobson

Reversing.

Mrs. N. J. Potter and J. M. Culton owned the Chastain and Marcnm 200 acre patent on Pish Trap branch in Olay county. J. C. Marcum owned a body of land lying south of this patent. He was cutting some timber which they claimed under their patent. On March 29, 1913, Mrs. Potter filed an action against him praying judgment against him for damages and the quieting of her title. While this action was pending, Marcum made a contract with the Peabody Syndicate by which he agreed to sell the syndicate his land extending up to the dividing ridge…