Sears v. Ohler

Opinion of the Court by

Chief Justice Hobson

Reversing.

W. B. Sears brought this suit against .S. W. Ohler, .alleging in his petition that in February, 1905 he and Ohler entered into a contract by which he sold the defendant all the merchantable white oak and nine timber on a certain tract of 150 acres of land in Whitley county for $900.00, the timber being sold in contemplation of its immediate severance from the soil by the purchaser; that Ohler immediately began cutting the timber, and after he had cut a part of it, some doubts arose as to Sears’ title to about 41 acres of the land; and…