Kaul v. Weed
Supreme Court of Pennsylvania
Appeal, No. 15, Jan. T., 1902, by defendant, from judgment of C. P. Elk Co., April. T., 1901, No. 73, on trial by court without a jury in case of Andrew Kaul et al. v. W. S. Weed & Company. Trespass to recover damages for the wrongful cutting of trees.
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Appeal, No. 15, Jan. T., 1902, by defendant, from judgment of C. P. Elk Co., April. T., 1901, No. 73, on trial by court without a jury in case of Andrew Kaul et al. v. W. S. Weed & Company. Trespass to recover damages for the wrongful cutting of trees. The case was tried by Meyer, P. J. Prom the record it appeared that by deed dated September 23, 1890, S. S. Bullis and wife conveyed to W. S. Weed & Company, “ All that the undivided one-half part, portion and interest of, in and to all and all manner of timber down and standing, save and except the hemlock timber in and on all and singular…
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
The question raised on this appeal, as stated by the appellants, is, what passed to them under the grant of “ all and all manner of timber down and standing save and except hemlock timber?
It is not needful that we trace from the Countess of Cumberland’s case (1609), Moore, K. B. 812, down through the succeeding English cases to our own time the well defined meaning of the generic term timber, as trees, felled or standing, to *592be used for building; and review the similar definition given it in the dictionaries and by the courts of different states in this country, as…
2Cases cited2 opinions
- Peoples Natural Gas Co. v. Braddock Wire Co.Supreme Court of Pennsylvania · 1893
- United States v. SchulerU.S. Circuit Court for the District of Michigan · 1853
3Cited by13 opinions
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907
- M. & I. TIMBER CO. v. Hope Silver-Lead Mines, Inc.Idaho Supreme Court · 1967
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
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