Mathews v. Mulvey
Supreme Court of Minnesota
Action of trespass, brought in the district court for Kanabec county, for cutting and carrying away pine timber belonging to the plaintiff. Defendants, in their answer, denied plaintiff’s ownership of the timber. The action was tried by Crosby, J., certain issues being submitted to a jury.
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Action of trespass, brought in the district court for Kanabec county, for cutting and carrying away pine timber belonging to the plaintiff. Defendants, in their answer, denied plaintiff’s ownership of the timber. The action was tried by Crosby, J., certain issues being submitted to a jury. The court found that on November 14,1881, Castle & Marsh, being owners of the timber and of the land on which it was standing, made with the plaintiff the contract mentioned in the opinion ; the neglectof plaintiff to pay taxes, and his subsequent taking the certificate mentioned in the opinion, on December…
1Opinion of the Court
Gtlfillan, C. J.1
The contract in this case differs from that in King v. Merriman, ante, p. 47, in that the contract in that case granted only the “right, privilege, and permission to enter and cut,” during a specified time, all the pine timber fit for saw-logs growing on certain land described, while in this case the contract is, in terms, a sale of “all the pine timber” on land described, “said Mathews to have as *344long as he wishes to cut the same, provided he pay the taxes on said land.” In that case the contract was held to be one for the sale of only so much timber as the grantee might cut…
2Cited by7 opinions
- Hall v. Eastman, Gardiner & Co.Mississippi Supreme Court · 1906
- S. T. McKnight Co. v. Central Hanover Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1941
- Pine County v. TozerSupreme Court of Minnesota · 1894
- La Cook Farm Land Co. v. Northern Lumber Co.Supreme Court of Minnesota · 1924
- Acosta v. AndersonSupreme Court of Florida · 1908
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