La Cook Farm Land Co. v. Northern Lumber Co.

Lees, C.

Action to determine adverse claims to the timber on two tracts of land in Cook county. The trial court found for the plaintiff and defendants have appealed from the judgment.

On December 17, 1901, Charles J. Johnson, who then had title in fee, conveyed the timber on one of the tracts to F. L. Gilbert and E. T. Buxton, together with the right to enter upon the land and cut and remove the timber at any time within 15 years from the date of the deed. The right of occupancy was also granted, accompanied by a covenant that the grantor would not enter upon the land while the timber remained…