Dutton v. Davis

The Whalleys owned certain real estate in the towns of Charlotte and Ferrisburgh which they conveyed to Davis and wife by a warranty deed dated February 9, 1924. Previously, on October 12, 1922, the Whalleys had sold to M. E. Hewitt all the standing timber on said real estate. This sale was evidenced by a writing signed by the Whalleys but not sealed, witnessed, acknowledged, or recorded. It gave Hewitt two years from its date in which to cut and remove the timber. On November 20, 1922, by a similar writing Hewitt transferred the timber to the plaintiff. The latter entered upon the land in…