Nutting

This is an appeal from a money judgment awarded to J. D. Welch and E. C. Welch, a copartnership (hereinafter referred to as Welch) against Gerald P. Raub and Minnie M. Raub (hereinafter referred to as Raub).

The original proceedings were instituted by K. E. Nutting. The Nutting complaint sought damages against Eaub, alleging that he had trespassed upon certain timber lands owned *505 by him and had removed therefrom specified quantities and varieties of timber of a total reasonable value of $54,525.39 for which judgment was prayed. It is conceded by the parties to this appeal, and was conceded throughout the trial of the action, that Nutting filed his complaint after he had assigned his cause of action to Welch. Therefore, for practical as well as sound legal reasons, this original pleading was ignored by the trial court and hence will not be considered further by us.

The real controversy was and is between Welch and Raub. It is to be noted that although Raub answered the original complaint, he also requested and was granted leave by the court to bring in Welch as cross-defendant. This cross-complaint alleged that he (Raub) was the owner of timber land; that prior to August of…