Gress Lumber Co. v. Coody

Simmons, Chief Justice.

It appears from the record, ‘that in 1881 Dunn, who was: the owner of land lot 128 in Dodge county, conveyed the-timber on the tract to Griffin. In 1883 the same grantor conveyed the land to Goody, no reservation as to the timber being made in the deed. In 1885 the Gress Lumber Company, which claimed under the conveyance to Griffin, commenced cutting timber from the land, and in July,. 1886, Goody brought suit against the Gress Lumber Company in the superior court of Dodge county, to recover for the timber which had been cut by the defendant. The-plaintiff subsequently…