Brown v. Thompson

Bell, Justice.

On November 10, 1922, the owners of a tract of land leased to another all the pine timber suitable for sawmill purposes, growing upon the land, it being agreed that “the timber to be cut is from ten inches up,” and that the lessee “is to have the free use” of the timber for a period of six years. On May 26, 1926, a subsequent owner of the land, a lumber manufacturing company, conveyed the land in fee simple, subject to such lease, and with the following reservation: “All timber standing and growing on said lands reserved to the grantor herein for the period of fifteen years from…