Cool v. Blackburn

Opinion op the Court by

Judge Cammack

— Affirming.

The appellant, J. L. Cool, became the owner of a tract of land on Elswick Fork of Lick Creek in Pike County on the 4th of June, 1918. On the 15th day of the same month he conveyed a small part of this tract (some 20 acres) to Dasha Senters, retaining the merchantable timber thereon through the following reservation in the deed:

“The said J. L. Cool retains all the merchantable timber on said tract or parcel of land with the right to cut and remove same at any time so as not to damage any growing crops; also the said Dasha Senters, party of the…