McIntyre v. Barnard
New York Court of Chancery
The suit was brought to obtain a perpetual injunction against cutting and removing timber on the complainant’s land; and for an account of such as had been cut and removed after January 1,1841. The defendant claimed an absolute right to all the pine timber on the land, under a conveyance, which with the other facts, will be found stated in the opinion of the court.
1Opinion of the Court
The Assistant Vice-Chancellor.
I have had much difficulty in coming to a conclusion upon a construction of the instrument in question in this cause. By its terms, the complainant’s agent in the first instance, in consideration of $600 paid to him, granted, bargained and sold to Cad well & Harris, and to their executors, administrators and assigns, all the pine *53timber standing or being on the premises. Then follows an habendum of pine timber to them and their heirs, executors, &c., “ together with the right of entering upon the land un- “ til January 1, 1841, to cut and remove the said timber.”…
2Cited by1 opinion
- Webber v. ProctorSupreme Judicial Court of Maine · 1896