Anderson v. Miami Lumber Co.
Oregon Supreme Court
From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit by Lillie R. Anderson and S. V. Anderson, plaintiffs, against the Miami Lumber Company, a corporation, defendant-appellant herein, L. A. Ganahl and W. T. Botsford, doing business under the firm name of Ganahl & Company, A. L. Jones, Rollie Watson and Fred Wheeler, defendants.
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From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit by Lillie R. Anderson and S. V. Anderson, plaintiffs, against the Miami Lumber Company, a corporation, defendant-appellant herein, L. A. Ganahl and W. T. Botsford, doing business under the firm name of Ganahl & Company, A. L. Jones, Rollie Watson and Fred Wheeler, defendants. The facts as disclosed at the trial are as follows: On May 10, 1902, plaintiffs conveyed to the Hadley Lumber Company, the predecessor in interest of the Miami Lumber Company, by warranty deed, all the timber situated upon the…
1Opinion of the CourtJustice McBride
1. Appellant’s contention in this case has been very ably and ingeniously presented, but we are unable to concede that it is sound. We agree with appellant’s counsel that the present title to all the timber on the tract vested in appellant’s predecessor in interest, but it was an estate upon condition liable to be defeated upon failure of the grantee to remove the timber within the time specified.
The language in the deed “provided that the grantee herein or their successors and assigns shall remove such timber from said premises within five years from the date of this instrument” would of…
2Cases cited13 opinions
- Savage v. SavageOregon Supreme Court · 1908
- Golden v. GlockWisconsin Supreme Court · 1883
- Mee v. BenedictMichigan Supreme Court · 1893
- Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Lloyd Corporation v. WhiffenOregon Supreme Court · 1989
- Seguin v. Maloney-Chambers Lumber Co.Oregon Supreme Court · 1953
- Arbogast v. Pilot Rock Lumber Co.Oregon Supreme Court · 1959
- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Belt Et Ux. v. MatsonOregon Supreme Court · 1926
33 more not listed; retrieve them via the Exa API.