Hoffman, R. v. Gongaware, S.

OPINION BY SHOGAN, J.:

Randy E. Hoffman and Sherry L. Hoffman ("Appellants") appeal from the trial court's January 10, 2017 order sustaining the preliminary objections in the nature of a demurrer of Scott A. Gongaware and Kern Brothers Lumber Company ("Appellees") and dismissing Appellants' complaint. On appeal, Appellants argue that the trial court erred in concluding that their reservation of timber rights in a duly recorded deed constituted an interest in personal property, rather than land, and in finding that they forfeited this interest when they failed to remove the timber in a…