This section contains the nature of the case and procedural background.

P sued Lovelady and D, alleging that Ds had trespassed upon his property and had cut and carried away trees from the property. D filed a cross-claim against Lovelady for indemnification claiming that Lovelady had directed him to cut timber on her property but that she had instructed him to cut trees that were not on her property. The trial court gave the judgment to P. It also gave D indemnification against Lovelady for 1/2 the damages. D appealed.

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