Thomas v. Gates

WADDILL, Circuit Judge.

This is an appeal from a decree of the United States District Court for the Western District of. Virginia, entered in a suit by appellee against appellant involving timber rights on land located in Smyth county, Va., Henry C. McDowell, District Judge.

The facts are: On March 21,1903, James Long, then owner of a 9,000-acre tract of land in Smyth county, Va., together with W. P. Bonbright, trustee, who was mortgagee of the property, entered into an agreement in writing with Chas. MeCafferty for the sale of the timber on the land. Fo provision was contained in the contract…