129 Ga. 460 | Ga. | 1907
An equitable petition was filed in Clincb superior court by R. J. & B. F. Camp et al. v. G. S. Baxter & Company et al., in which tbe title to tbe timber on numerous lots of land was adversely claimed by the plaintiffs and tbe defendants, and in which injunctions were asked. On June 30, 1905, a decree was entered by the court, in which it was adjudged that the full title to the timber on certain lots of the land was in the plaintiffs, and that plaintiffs, and defendants jointly owned the timber on certain other lots. Under a previous order of the court, granted August 5, 1889, plaintiffs and defendants were both enjoined from cutting or in any way interfering with any of the timber, .and in the decree of June 30, 1905, it was provided that the injunction theretofore granted should continue of force until such time "as said parties, through partition had by the court, or by consent, may specify and make certain their respective interests in the timber in controversy.” After this decree was rendered (and affirmed by this court, 126 Ga. 354), the plaintiffs filed with- the court below a petition which they called a" supplementary petition, statiug that they were unable by consent to have a partition of the timber with defendants, and praying that the injunction, so far as it related to the timber the full title to which was decreed to be in them, be dissolved and that they have a right •to cut and use the same, and that a commission of five freehold
Affirmed.