CAUDILL v. BATES


286 S.W.2d 922 (1955)

Stephen CAUDILL, d/b/a Caudill Lumber Company et al., Appellants, v. Jesse BATES, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 2, 1956.


Attorney(s) appearing for the Case

Stephen Combs, Jr., Whitesburg, Cleon K. Calvert, Pineville, for appellants.

S. M. Ward, Hazard, Harry M. Caudill, Whitesburg, for appellee.


WADDILL, Commissioner.

The appellee, Jesse Bates, filed this action against appellant, Stephen Caudill, d/b/a Caudill Lumber Company, to restrain him from cutting and removing timber from a certain 25-acre tract of land which appellee allegedly owns. The appellant filed an answer, counter-claim, and cross-claim, bringing in as defendants Bud, Hazel, and Lizzie Tolliver, from whom he had purchased the timber. The Tollivers, also appellants, filed their joint and separate...

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