Webber v. Proctor
Supreme Judicial Court of Maine
On Report. The case is stated in the opinion. By the deed plaintiff had an estate of inheritance in the land. Clap v. Draper, 4 Mass. 266; White v. Poster, 102 Mass. 378. The deed gave to plaintiff full title to the hemlock bark on the land; and the provision, that he shall have the right to enter during the term of ten years, does not deprive hini' or take- away his title to the trees and bark. ' ■ The deed conveys a fee and this cannot be controlled by the subsequent…
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On Report. The case is stated in the opinion. By the deed plaintiff had an estate of inheritance in the land. Clap v. Draper, 4 Mass. 266; White v. Poster, 102 Mass. 378. The deed gave to plaintiff full title to the hemlock bark on the land; and the provision, that he shall have the right to enter during the term of ten years, does not deprive hini' or take- away his title to the trees and bark. ' ■ The deed conveys a fee and this cannot be controlled by the subsequent clause in the deed, giving the right to enter for the term of ten years without being liable for trespass. Maker v. Lasell,…
1Opinion of the CourtFoster, J.
Action, of trover to recover the value of one hundred and twenty cords of hemlock bark. The plaintiff claims title to the same under a warranty deed from Luden B. Grout and wife to him, dated July 19th, 1881, conveying “all 'the hemlock bark and one-half of the hemlock logs on the following described land situated in. Sherman aforesaid, to wit: Lot numbered seventy-two containing one hundred four and 28-100 acres, more or less, with the right to enter upon said lot of land at any and all times during the term of ten years to cut any trees and make necessary roads, to remove said hemlock bark…
2Cases cited3 opinions
- Kellam v. . McKinstryNew York Court of Appeals · 1877
- Judevine v. GoodrichSupreme Court of Vermont · 1861
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- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Pike v. State Board of Land CommissionersIdaho Supreme Court · 1911
- Young v. Camp Manufacturing Co.Supreme Court of Virginia · 1910
- Lehtonen v. Marysville Water & Power Co.Washington Supreme Court · 1908
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