Stump v. Moore

HATCHER, PRESIDENT:

In 1901 tlie plaintiff W. B. Stump conveyed to a predecessor in title of the defendants two tracts of timber land in fee together with all of the “saw timber” (excepting certain kinds of trees) on 963 acres lying between the other two tracts. The deed is silent as to the time for removing the timber. The land was about foi*ty miles distant from a railroad at the date of the deed. A tramroad was completed from the railroad to the land in 1920. No timber has been cut on the 963 acres except what was used in building the tramroad. In 1926 the plaintiffs obtained a temporary…