Isensee v. Austin

The opinion of the court was delivered by

Dunbar, J.

This is an action brought to subrogate the respondents to the rights of the mortgagees of a certain mortgage. The defendants, appellants here, and others of the Austin family, the parties of the second part and who were owners of the timber in question, entered into a contract with John K. Rae and P. M. Isensee, whereby the parties of the first part granted to the parties of the second part the right, privilege and authority to at all times, for a period of *354five years from the date of the contract, go upon the land described and cut thereon…