McNEILL, Justice.
The action is one for damages on account of the alleged wrongful cutting and removing timber from a tract of 1,020 acres in the R. A. Irion League situated in Polk, Hardin, and Liberty Counties, a part of the factual background for which is described in the connected case of Tyler County Lumber Co. v. Withers, Tex.Civ. App., decided by this court in
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