230 F. 806 | 4th Cir. | 1916
In February, 1915, the receivers of the Hilton-Dodge Dumber Company, claiming to own the timber on a tract of land in Barnwell county, S. C., employed one Durden to cut and remove the same. Durden hired a man by the name of Edenfield, who had the needful machinery and force of men, to do the work. In the latter part o f March these agents of the receivers attempted to commence operations, but were prevented from going upon the premises by George D. Kirkland, acting for his wife, Ela F. Kirkland, the then owner of the land. The receivers thereupon brought suit for possession of the property and for expenses incurred in preparing to cut the timber. They had judgment in the court below, entered upon the verdict of a jury, and the case comes here on writ of error.
“Any suit by or against sueli receiver, in the course of the winding up of such corporation, whether for the collection of its assets or for the defense of its property rights, must be regarded as ancillary to the main suit, and as cognizable in the Circuit Court, regardless either of the citizenship of the parties, or of the amount in controversy.”
The right of the receivers to the possession of the timber on this tract was virtually conceded on the trial, and that question disappeared from the case. At the conclusion of the testimony, and before charging the jury, the court, addressing defendants’ counsel, said:
“As to the right to the timber you yourselves admit upon the papers that these people are entitled to that.”
The record shows that no objection was made to this statement, and the ruling, repeated in the subsequent charge, is not made the subject of exception.
■ The other assignments of error are covered by what has already been said or relate to rulings upon immaterial questions. The record discloses no reversible error, and the judgment is therefore affirmed.