Moore v. Young
Michigan Supreme Court
Appeal from Newaygo; Palmer, J. Bill by Joseph H. Moore against Charles S. Young and Mary L. Young to enjoin the removal of certain timber. From a decree dismissing the bill, complainant appeals. Complainant is the son, and defendant Mary L. Toung the daughter, of John Moore, who on October 15, 1887, was the owner of two farms, one in Montcalm county, and one in Newaygo county, separated only by a highway.
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Appeal from Newaygo; Palmer, J. Bill by Joseph H. Moore against Charles S. Young and Mary L. Young to enjoin the removal of certain timber. From a decree dismissing the bill, complainant appeals. Complainant is the son, and defendant Mary L. Toung the daughter, of John Moore, who on October 15, 1887, was the owner of two farms, one in Montcalm county, and one in Newaygo county, separated only by a highway. On that day John Moore executed two deeds; one of the homestead farm in Montcalm county to his wife, Parizade Moore, and the other of the farm in Newaygo county to his three daughters; The…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the contention of the complainant that the language of the reservation, construed in the light of the circumstances sur*239rounding the parties at the time the deed was executed, should be held to mean that Parizade Moore took title, not alone to the timber then growing upon said 10 acres (all of which, it is conceded, she removed), but also to all timber that should grow thereon for a period of 30 years. It is pointed out that the homestead was without timber, and that it was doubtless intended by John Moore to provide that necessity for his wife for a period of…
2Cases cited4 opinions
- Bolio v. MarvinMichigan Supreme Court · 1902
- Huron Land Co. v. DavisonMichigan Supreme Court · 1902
- Reed v. HollingsworthSupreme Court of Iowa · 1912
- Balderson v. SeeleyMichigan Supreme Court · 1910
3Cited by3 opinions
- Old Mission Peninsula School District v. FrenchMichigan Supreme Court · 1961
- Patterson v. MillerMichigan Supreme Court · 1929
- State Ex Rel. Oklahoma Planning & Resources Board v. SmithSupreme Court of Oklahoma · 1957