Neumeier v. Donovan

Plaintiffs appeal as of right from a circuit court order dissolving an injunction previously issued to restrain defendants from logging upon plaintiffs’ land.

Defendants Donovan deeded land to Robert D. Linn and Nancy A. Linn. The deed contained a reservation clause which read as follows:

"Reserving the right to cut and remove all merchantable timber for a period of five (5) years from the date of this deed.

"This right reserved in Sellers.”

At trial, defendant Edward Donovan testified that he and Robert D. Linn understood at the time of the deed that the term "merchantable timber” included any…