Demurrer in Swingley v. Pease, [Law papers].
Summary
Summary: Swingley sold Pease 220 acres of land for $6,600. Pease paid $1,000, and gave Swingley five promissory notes for the balance. Pease failed to pay the first note. Swingley claimed that Pease was cutting an excessive amount of timber and, as a result, was diminishing the value of the land. Swingley sued Pease for an injunction to stop him from cutting timber and to recover the debt on the first promissory note. Pease retained Lincoln and Herndon. The parties reached an agreement in which Pease consented to a judgment against him for $1,683.83. The court continued the injunction on part of the land but excluded timber that had already fallen and a thirty-acre tract of land on which Pease could cut timber.
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