Butler v. McPherson
Mississippi Supreme Court
Prom the circuit court of Quitman county. Hon. Samuel 0. Cook, Judge. Butler and another, appellants, copartners under the name Butler & Barrow, were plaintiffs in the court below; McPherson and another, appellees, copartners under the name McPherson Brothers, were defendants there. Prom a judgment in defendants’ favor, .predicated of a peremptory instruction, the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court.
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Prom the circuit court of Quitman county. Hon. Samuel 0. Cook, Judge. Butler and another, appellants, copartners under the name Butler & Barrow, were plaintiffs in the court below; McPherson and another, appellees, copartners under the name McPherson Brothers, were defendants there. Prom a judgment in defendants’ favor, .predicated of a peremptory instruction, the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court. Prior to the decision by this court of the case of Olark v. Ingram, 90 Miss. 479, 43 South. 813, it seemed to be an open question in this…
1Opinion of the CourtSmith, J.
On April 11, 1904, the appellants sold to the appellees theE. Yz of section 34, township 27, range 1 w., in Quitman county; the deed containing a reservation of the timber as follows : “By this deed of conveyance made by us (said Butler and Barrow) to the said McPherson Bros., we expressly reserve and retain the right and title to any and all timber on said land herein conveyed, and which we may remove therefrom at any time not later than the 1st day of October, 1905, and all the timber thereon which is not removed by us by said date is to be- *638.and remain the property of the said McPherson…
2Cases cited4 opinions
- Golden v. GlockWisconsin Supreme Court · 1883
- Clark v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1907
- Hubbard v. BurtonSupreme Court of Missouri · 1881
- United States v. SchulerU.S. Circuit Court for the District of Michigan · 1853
3Cited by8 opinions
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- Lancaster v. RothCourt of Appeals of Texas · 1913
- Austin v. . BrownSupreme Court of North Carolina · 1926
- Dead River Co. v. Assessors of HoultonSupreme Judicial Court of Maine · 1953
- Stone v. General Box Co.Mississippi Supreme Court · 1951
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