Bretz v. R. Connor Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. This action was brought to recover the value of pine timber cut and removed by the defendant from the northeast quarter of section 10, township 27, range 2' easfy in Marathon county.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. This action was brought to recover the value of pine timber cut and removed by the defendant from the northeast quarter of section 10, township 27, range 2' easfy in Marathon county. The defendant claimed title under a deed dated May 17, 1901, which contained the following provision: “All the merchantable log and basswood holt timber standing or situated on west one-half of section ten (10), southeast quarter and west half of northeast quarter of section ten (10), and Ihe west half of southwest quarter…
1Opinion of the CourtKeewin, J.
It is first contended by appellant that the-deed conveyed an absolute title in the timber to defendant, and therefore the subsequent deed to plaintiff conveyed only the remainder of the estate. This contention is .denied by respondent, and he insists that only such timber as was removed before April 15, 1903, passed to defendant by the deed to it. Both parties rely upon the same authorities to sustain their respective positions under this head. The question is an important one and not free from difficulty, if we should regard it unsettled in this state. There is much conflict of authority in…
2Cases cited5 opinions
- Golden v. GlockWisconsin Supreme Court · 1883
- Hicks v. SmithWisconsin Supreme Court · 1890
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Williams v. JonesWisconsin Supreme Court · 1907
- Peshtigo Lumber Co. v. EllisWisconsin Supreme Court · 1904
3Cited by2 opinions
- Schmidt v. Town of AlmonWisconsin Supreme Court · 1923
- Kneeland-McLurg Lumber Co. v. LillieWisconsin Supreme Court · 1914