127 Ga. 693 | Ga. | 1906
(After stating the foregoing facts.)
The name of a witness to the power of attorney was the same
It is evident that the plaintiff did cut and carry away timber from the land involved in the controversy, and that more than three years elapsed thereafter before the conveyance by Tickers to the defendant, or that by Covington to the plaintiff. It is also ■clear that it was not a mere accident, but that the agents of the plaintiff who did the cutting and carrying away claimed the right to do so, and asserted that it owned the timber. It sets up no right ■except that which it acquired under Covington. It may have been that, under the plaintiff’s agreement with Covington, payment .should have preceded the cutting. But there was some cutting, •and afterwards payment and later still conveyance. It does’ not ■appear that Covington made any objection; and the plaintiff can hardly claim that its .own act was premature, and therefore was hot a beginning of cutting at all under the terms of the lease, by virtue of which alone cutting could be lawfully done either by
The rulings in regard to pleadings can not affect the affirmance of the judgment granting a nonsuit.
Judgment affirmed.