69 Ark. 263
Decided April 27, 1901
Supreme Court of Arkansas · decided 1901-04-27
Jno. B. MoGaleb, Judge. Action by Watkins against Arnold and others to enjoin defendants from cutting timber on land claimed by plaintiff under a tax title. Defendants denied plaintiff’s title, and alleged that Jane Gray was the owner of the land, and that they had authority from her to cut the timber. • She was permitted to intervene and set up title in herself.
Decided 1901-04-27
¶1The decree in this case will be affirmed in effect, but modified so that the bill will be dismissed for want of equity, instead of decreeing title in fee in the appellee, Jane Gray, generally. She still holds under the same title, no greater, no less, than when the suit was instituted, although, as between herself and the appellant, the latter must fail on her claim of title by adverse possession.
¶2With this modification, the decree is affirmed.