Hughes v. Heppner Lumber Co.

I am compelled to dissent for the reasons that follow, but primarily upon the ground that plaintiffs failed to sustain the burden of proving that the lumber company’s title to the timber was forfeited by a lapse of a reasonable time in which to harvest it.

As a result of a stipulation of the parties and order of the court, the three above entitled suits were consolidated for the purposes of appeal and argument. Justification for this course is found in the identical character of the complaints, answers and replies, except for the legal descriptions of the several parcels of real property…