Jasper County Lumber Co. v. Smith

I am unable to agree with my brethren that this judgment should be affirmed. The controlling question is one of abandonment. I shall not undertake to restate the facts disclosed by the record. For a full statement of all the facts, reference is made to the records on former appeals. See Smith v. Jasper County Lumber Co., Tex. Civ. App.46 S.W.2d 430; Id., 124 Tex. 156, 76 S.W.2d 505; Jasper County Lumber Co. v. Smith, Tex. Civ. App. 91 S.W.2d 834. Also majority opinion herein.

The time limit for the removal of the timber was 15 years. The timber was bought and paid for in 1922. Before the limit…