Gibbs

This is an appeal by defendant from a decree enjoining him from cutting down or removing any timber growing or standing upon certain described land, and from interfering in any way with plaintiffs’ peaceable possession thereof, said plaintiffs being decreed to be the owners in possession and entitled to the possession of all of said timber. The action was one commenced on May 12, 1906, to obtain a permanent injunction enjoining the doing of any of said acts.

Demurrers were sustained to defendant’s answer and cross-complaint, and, defendant declining to amend or appear at the trial, the trial court, after receiving evidence on the part of plaintiffs, found the facts to be as alleged in the complaint and gave judgment as already stated. The question presented by this appeal is whether the facts stated in the answer and cross-complaint were sufficient to show any defense to plaintiffs’ action or any foundation for relief against them.

Substantially these facts are as follows: Defendant Peterson is the owner of the one hundred and sixty acres of land upon which he claimed the right to cut and remove the timber, subject to such rights therein as are possessed by plaintiffs under a…