Bross v. Peyton

The controversy in each of these two cases presents the familiar situation of the amount of timber involved in deeds conveying title to land which contained a reservation of title to certain timber on the land conveyed. In these cases the plaintiffs, Bross in one case and Mr. and Mrs. Zerr in the other, were the grantees in deeds which were executed in 1949. Each deed contained the following reservation:

“ 'hereby selling and conveying to grantees all white cedar timber now growing or situated thereon, excepting and reserving however unto grantors, their heirs and assigns, all fir, pine and…