Mailliard v. Willow Creek Ranch Co.

In this declaratory relief action, plaintiffs-respondents are the assignees of the grantees of a timber *373grant executed on June 2, 1958 by one Baxman and wife to respondents’ assignors. The purchase price was $30,000 and the grant was recorded on June 4,1958. The subject timber is on a 3,600-acre tract located near Jenner, Sonoma County, and the land and timber were owned, prior to the above sale of the timber, by the Baxmans. The land will be referred to herein as the Baxman Ranch.

The timber grant provided that Baxman and wife granted to respondents’ assignors “all of the merchantable timber…