Graham v. West
Supreme Court of Georgia
Certiorari. Before Judge Hammond. Richmond superior court. December 15, 1905. An attachment for purchase-money was sued out by F L West against Luther Graham, who was alleged to be indebted in the sum of thirty dollars for “a certain lot of wood,” of which he was in possession.
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Certiorari. Before Judge Hammond. Richmond superior court. December 15, 1905. An attachment for purchase-money was sued out by F L West against Luther Graham, who was alleged to be indebted in the sum of thirty dollars for “a certain lot of wood,” of which he was in possession. On the trial of the case in a justice’s court, the plaintiff testified, that he had sold the defendant the wood on a certain lot of land, the same being a part of a tract of land known as the McDade land, and the defendant owed him on the purchase the-sum of money for which the attachment was proceeding; that he could…
1Opinion of the CourtEvans, J.
(After stating the facts.) The sale of standing timber, where the contract contemplates that the growing trees are to remain in the soil for a fixed timé or indefinitely, at the pleasure of the vendee, concerns an interest in the land. Moore v. Vickers, ante, 42. On the other hand, the prevailing rule seems to be that if the trees sold are to be immediately severed from the soil and carried away, and are not to be left to grow and attain additional strength from the soil, the sale is that of personal property, and not of an interest in land. Benj. Sales (7th ed., Bennett’s), 133. The evidence…
2Cited by13 opinions
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- Rankin v. RidgeNew Mexico Supreme Court · 1948
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