Talbot-Boyd Lumber Company v. Mullins

■MiNOR W. Millwee, Justice.

Appellants, Leon Talbot and W. A. Boyd, are partners doing business as Talbot-Boyd Lumber Co. Qn January 7, 1941, appellees, A. R. Mullins, Frank Mullins and Edmond Mullins executed a timber deed to appellants conveying all merchantable pine timber ‘ ‘ Eight inches diameter and up — on six1 inch stump” standing upon certain lands in Columbia county for a cash'consideration of $3,250. Appellants were allowed two years within which to cut and remove the timber and began cutting the timber soon after execution of the deed.

A controversy arose over the height of stumps…