Cooley v. Meridian Lumber Co.

The exception of no cause or right of action in this case is founded upon the reservation in the sale of the 80 acres of land by Samuel C. Tippett to the plaintiffs’ ancestor, Joel E. Cooley. The reservation, was made in these words: “with all pine timber reserved and excepted and withheld from said Joel E. Cooley”. The reason why only pine timber was mentioned is that there was no other timber on the land. This sale of the land by Tippett to Cooley was made on March 13, 1902. The timber had been sold to the Meridian Lumber Company’s authors in title, namely, F. E. and A. N. and W. B. Gloyd,…