Garner v. Mahoney
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. John E. Oliver, Judge. Action in equity to restrain the defendants from cutting and removing growing trees. The defendants claim under a parol contract with the plaintiffs’ intestate. Decree for the plaintiffs, and defendants appeal.
1Opinion of the CourtSherwin, J.
The plaintiffs are the heirs of ITenry Garner, deceased, and bring this action to restrain the defendants from cutting trees on land of which he 'died seised. The defendants aver that during the life of the plaintiffs’ intestate they entered into an oral contract of purchase of the standing timber in question, with the right to cut and remove the same within the period of five years thereafter..
*3571 2 *356It is elementary that growing trees are a part of the soil, until severed therefrom, and that a parol sale of such *357trees, until they are actually, severed from the land, is to be treated as an…
2Cases cited1 opinion
- White v. FosterMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Richbourg v. RoseSupreme Court of Florida · 1907
- McCastle v. ScanlonMichigan Supreme Court · 1953
- Rankin v. RidgeNew Mexico Supreme Court · 1948
- Groce v. West Lumber Co.Court of Appeals of Texas · 1913
- Polk v. CarneySouth Dakota Supreme Court · 1903
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