Kanawha Banking & Trust Co. v. Williams

Hatcher, Judge :

This suit involves a covenant requiring the purchaser of timber to cut and .remove it within a certain time, or thereafter to pay an annual charge on uncut acreage until the timber reverted. The circuit court sustained demurrers to the bill and certified here its sufficiency.

The substance of the bill follows. March 21, 1916, the plaintiff, Mountain City Lumber Company, conveyed to defendant, Pardee & Curtin Lumber Company, with general warranty of title, the timber nine inches and more in diameter at the stump, on a tract of approximately 6,000 acres, subject to this…