
    Burkhalter v. Wilson et al.
    
    No. 5240.
    January 12, 1927.
    Injunctions, 32 C. J. p. 39, n. 83; p. 352, n. 87.
   Atkinson, J.

This was a suit to enjoin the cutting of timber. The plaintiff and defendant claimed separate tracts of land from a common source of title. There was a conflict of evidence as to whether the land from which the timber was being taken was a part of the plaintiff’s tract. In the circumstances the judge did not abuse his discretion in refusing a temporary injunction.

Judgment affirmed.

All the Justices concur.

Petition for injunction. Before Judge Hardeman. Candler superior court. December 8, 1925.

W. T. Burlchalter and Kirkland & Kirkland, for plaintiff.

W. E. Lcmier, for defendants.  