Surry Lumber Co. v. Wellons

Kelly, P.,

delivered the opinion of the court.

This is an appeal from a decree dismissing on demurrer a bill in equity brought by the Surry Lumber Company v. J. F. Wellons and others.

The bill alleges that on the 5th day of April, 1902, the appellant purchased from the appellees certain timber and timber rights as set forth in a deed of that date filed with and made a part of the bill. The deed contained the following clause:

“And it is further covenanted and agreed by and between the parties hereto, that the said Surry Lumber Company shall have five years in which to cut and remove said timber…