Second National Bank v. Rouse

Opinion op the Court by

Judge Lassing

Affirming.

On January 20,1902, S. G. Preston-sold to J. B. Preston all of the timber measuring eighteen inches and up from the ground on a tract of land containing 486 acres, more or less, on the waters of George’s Creek, in Johnson county, for $400. No cash was paid, hut the purchaser gave his promissory note, by which he agreed to pay the purchase price one year after date. The following recitation is found in the note, that this $400 was “for all the timber on 486 acres of land on George’s Creek, from eighteen inches at the ground up, and the privilege to…