Orr v. Southern Lumber Company

Appellant instituted this action against appellee in the chancery court of Bradley County to cancel a timber deed. The court, on final hearing of the cause, dismissed the complaint for want of equity, and an appeal has been prosecuted to this court.

Appellant is the owner of a tract of land containing 120 acres, situated in Bradley County, and on October 14, 1905, he executed to appellee a deed to the pine timber. The deed contained the following clause with reference to the removal of the timber:

“The party of the second part shall cut and remove said timber as expeditiously as possible, and…