Hanna v. Buford
Missouri Court of Appeals
Appeal from Reynolds Circuit Court. — Eon. E. M. Bearing, Judge. (1) The court committed error in allowing defendant, J. H. Buford, to testify that he thought he had six years to cut and remove the timber from appellant’s land beginning at any time he desired. 21 Am. & Eng.
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Appeal from Reynolds Circuit Court. — Eon. E. M. Bearing, Judge. (1) The court committed error in allowing defendant, J. H. Buford, to testify that he thought he had six years to cut and remove the timber from appellant’s land beginning at any time he desired. 21 Am. & Eng. Ency. of Law (2 Ed.), 1078 and 1113. (2) There can be no question but that the meaning of the removal clause in the deed of conveyance means that the timber must be removed within six years, and that from the date of the conveyance. To construe it otherwise would be against the great weight of authority in this country. 28…
1Opinion of the CourtReynolds, P. J.
This is an action which at common law would be called an action de bonis asportatis. By deed dated January 15, 1902, wherein plaintiff Hanna, a single man, is named as party of the first part, and the defendant Buford, as party of the second part, it is recited that “in consideration of the sum of $190, to him paid by the said party of the second part, the receipt of which is hereby acknowledged, ’ ’ the party of the first part does, “by these presents remise, release and forever quitclaim unto the said party of the second part, the timber on the following described lots (describing the land…
2Cases cited16 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Hodges v. BuellMichigan Supreme Court · 1903
- Carson v. Lumber Co.Tennessee Supreme Court · 1902
- Peirce v. FinertySupreme Court of New Hampshire · 1911
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3Cited by4 opinions
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
- Murphy v. HolliwayMissouri Court of Appeals · 1929
- Chapman v. DearmanCourt of Appeals of Texas · 1915
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959