Wood v. Elliott
Michigan Supreme Court
Error to Oakland. (Stickney, J.) Case. Defendant brings error. A mere reservation of timber without words of limitation and inheritance, reserves only á life estate to the grantor: 2 Waskb. E. P. 641, 646 : 3 id. 371, 435; Shep. Touch. 100; OwrUs v. Gardner 13 Met.. 457; Jamaica Pondv.
Read the full summary
Error to Oakland. (Stickney, J.) Case. Defendant brings error. A mere reservation of timber without words of limitation and inheritance, reserves only á life estate to the grantor: 2 Waskb. E. P. 641, 646 : 3 id. 371, 435; Shep. Touch. 100; OwrUs v. Gardner 13 Met.. 457; Jamaica Pondv. Ohandler 9 Allen 170; Munn v. Stone 4 Cush. 146 ; French v. Oarha/rt 1 Oornst. 103 ; Horn-beck v. Westbrook 9 Johns. 73; see Haskell v. Ayres 35 Mich. 90; and a subsequent purchaser of the land can remove it if tbe owner does not do so, within reasonable time, on notice: Heflvn v. Bingham 56 Ala. 566; where…
1Opinion of the CourtCampbell, J.
Plaintiff recovered judgment against defendant for the value of timber cut down by the latter, and claimed to have belonged to plaintiff. A good many errors are assigned, but they all come within a few heads, and a considerable part do not properly arise under the record as. it became' finally fixed.
On the 7th of November, 1864, Thaddeus Herriman, who. owned lands on sections 4, 5 and 8 in town 4 north of range 7 east, and who had at or about that time sold a. farm in section 4 to one ITenry W. Thomas, gave him a. conveyance “ of all the wood and timber now growing and! standing upon the…
2Cited by2 opinions
- Michigan Land & Iron Co. v. Deer Lake Co.Michigan Supreme Court · 1886
- Longyear v. Minnesota Lumber Co.Michigan Supreme Court · 1896