McGowin v. Cobb

STAKELY, Justice.

This is an appeal from the decree of an equity court sustaining the demurrer to the bill of complaint. The question in the case is whether the grantee in a timber deed has exercised the privilege contained in the deed, granting additional time for cutting and removal of the timber.

The allegations of the bill show the- following: On February 13, 1943, the respondents (appellees) for a consideration of $3000 sold to W. M. McGowin Lumber Company, Inc., a corporation, “all trees, timber 8 inches at stump at the time of cutting” located on approximately 410 acres of land in…