Shaw v. Fender
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Berrien superior court. March 3, 1911. F. M. Shaw brought his equitable petition against W. L. Fender and L. D. Carter, alleging, that he was the owner of a described tract of land, and that the defendants were cutting into the timber thereon for the purpose of producing turpentine; and he prayed for an accounting of past operations and an injunction against further trespass.
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Equitable petition. Before Judge Thomas. Berrien superior court. March 3, 1911. F. M. Shaw brought his equitable petition against W. L. Fender and L. D. Carter, alleging, that he was the owner of a described tract of land, and that the defendants were cutting into the timber thereon for the purpose of producing turpentine; and he prayed for an accounting of past operations and an injunction against further trespass. On February 19, 1903, he conveyed the timber to the Massee & Felton Lumber Company, under an instrument the material parts of which are as follows: This indenture between F. M.…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. An owner of land may grant an estate in trees growing upon his land. He may by apt words create an absolute estate in them (North Georgia Co. v. Bebee, 128 Ga. 563, 57 S. E. 873), or he may grant an estate terminable upon the grantee’s failure to cut and remove the timber within a limited time. Morgan v. Perkins, 94 Ga. 353 (21 S. E. 574); Shippen v. Gates, 136 Ga. 37 (70 S. E. 672). But whether the grant be of an absolute or a defeasible estate in growing timber, the estate conveyed is an interest in realty, and includes all the appurtenances of the…
2Cases cited6 opinions
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Morgan v. PerkinsSupreme Court of Georgia · 1894
- North Georgia Co. v. BebeeSupreme Court of Georgia · 1907
- Shippen Bros. Lumber Co. v. GatesSupreme Court of Georgia · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Magnolia Petroleum Co. v. ConnelleeTexas Commission of Appeals · 1928
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Lone Star Gas Co. v. StineTexas Commission of Appeals · 1931
- McRae v. SmithSupreme Court of Georgia · 1927
- Humble Oil & Refining Co. v. PoeTexas Commission of Appeals · 1930
11 more not listed; retrieve them via the Exa API.