Vandiver v. Byrd-Matthews Lumber Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Jones. White superior court. April 15, 1916. M. L. Vandiver was tbe owner and in possession of land lot No. 2 in tbe sixth district of White county, except thirty acres which he had theretofore conveyed to Jonathan Allison.
Read the full summary
Petition for injunction. Before Judge Jones. White superior court. April 15, 1916. M. L. Vandiver was tbe owner and in possession of land lot No. 2 in tbe sixth district of White county, except thirty acres which he had theretofore conveyed to Jonathan Allison. On January 19, 1894, he conveyed by deed to John Martin, “his heirs and assigns, all the timber of whatever kind and description now growing or being upon lot of land No. 2 in the sixth district of said White county, except thirty acres, more or less, deeded by M. L. Van-diver to Jonathan Allison, the full lot containing 490 acres,…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. “Timber” is not a word of invariable meaning, and the particular meaning to be given to it depends on the connection in which it is used. In construing a deed conveying timber, it is proper to take in consideration not only the terms of the conveyance but also the purposes of the parties to the deed. Pennington v. Avera, 134 Ga. 147 (53 S. E. 324). In discussing the relative rights of a life-tenant and the remainderman, Judge Harris, after declaring that the former is not allowed to cut timber or to commit any other kind of waste, said: “Timber is used…
2Cases cited8 opinions
- Mann v. StateSupreme Court of Georgia · 1906
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Dickinson v. JonesSupreme Court of Georgia · 1867
- Southern Marble Co. v. DarnellSupreme Court of Georgia · 1894
- Broad River Lumber Co. v. MiddlebyCourt of Appeals for the Fourth Circuit · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- McRae v. SmithSupreme Court of Georgia · 1927
- Warner v. HillSupreme Court of Georgia · 1922
- City of Bainbridge v. JesterSupreme Court of Georgia · 1924
19 more not listed; retrieve them via the Exa API.