Dunsmore v. Blount-Decker Lumber Co.

(after stating the facts as above).

The appellee’s right to the timber depends upon the terms and legal effect of the deed set up in the petition. If the instrument should properly be construed as intending to convey the timber in fee simple as an interest in the land on which it stood, then, under the authority of Lodwick Lumber Co. v. Taylor, 100 Tex. 270, 98 S. W. 238, 123 Am. St. Rep. 803, the appellee would be entitled to have the restraining order granted by the judge; but if the instrument should properly be construed as expressing the intention of the parties to convey the timber as…