Washington Supreme Court September 18, 1908, No. 7250 (Preston v. Hill-Wilson Shingle Co.)

Mount, J.

This action was brought by the appellant to enjoin the respondent from cutting and removing timber from appellant’s lands. For answer to the complaint, the defendant admitted the ownership of the land in plaintiff, and that it intended to go upon the land and remove the timber therefrom, and also set up three affirmative defenses, to the effect, (1) that on January 19, 1900, the