Howell v. Clements

1. In an action to enjoin the cutting of timber and to recover damages, the plaintiffs claimed title under a deed executed in 1906, which conveyed the land in fee, but contained no exception or reservation of the timber. Defendant claimed under an older deed executed in 1904 by plaintiff’s grantor, and an unbroken chain of conveyances, each of which conveyed all the timber on the land, but did not mention any time within which to remove it. In stating the contentions of the parties and instructing the jury on the law of the case, the judge referred to the pleadings and charged in general…