Huron Land Co. v. Davison
Michigan Supreme Court
Error to Alpena; Emerick, J. Trover by the Huron Land Company, Limited, against Samuel A. Davison. From a judgment for part of its claim, plaintiff brings error. Plaintiff became the owner of certain lands by deed from George N. Fletcher, executed November 7, 1885. The deed, after the granting clause, contains the following words: “Reserving all pine and hemlock timber.” The deed was silent as to time for removal.
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Error to Alpena; Emerick, J. Trover by the Huron Land Company, Limited, against Samuel A. Davison. From a judgment for part of its claim, plaintiff brings error. Plaintiff became the owner of certain lands by deed from George N. Fletcher, executed November 7, 1885. The deed, after the granting clause, contains the following words: “Reserving all pine and hemlock timber.” The deed was silent as to time for removal. On March 1, 1900, the executors of Mr. Fletcher’s estate sold to defendant “all the hemlock timber, down, standing, and cut into logs,” on said land. Defendant cut and removed some…
1Opinion of the CourtGrant, J.
(after stating the facts). Defendant insists that this clause of the deed was an exception, not a reservation, and that the title to the timber remained in Mr. Fletcher and his grantees. It is immaterial whether this be called an exception or a reservation. Mr. Fletcher sold the fee of the land, reserving certain timber standing thereon. This clause did not give him the right to deprive his grantee of the use of the land so long as he saw fit to let the reserved timber stand. The timber reserved was the timber then having a market value and suitable for use; i. e., large enough for use as…
2Cases cited3 opinions
- Wait v. BaldwinMichigan Supreme Court · 1886
- Andrews v. WadeSupreme Court of Pennsylvania · 1886
- Ferguson v. ArthurMichigan Supreme Court · 1901
3Cited by11 opinions
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- M. & I. TIMBER CO. v. Hope Silver-Lead Mines, Inc.Idaho Supreme Court · 1967
- Balderson v. SeeleyMichigan Supreme Court · 1910
- Roberson v. LittleSupreme Court of Alabama · 1917
- Hanna v. BufordMissouri Court of Appeals · 1915
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