Legal Opinion

Davis v. Bellows

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 2 opinions

Appeal from the chancery court of Hinds county. Hon. Gr. Gr. Lyell, Chancellor. Bill in chancery by R. J. & H. B. Davis against Luciná Bellows. From a decree dismissing the bill plaintiff appeals. The facts are as follows: The appellants and appellee entered into an agreement, which is in substance as follows: (1) By and between R. J. Davis and H. B. Davis, hereinafter designated as parties of the first part, and Lucina Gr.

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Appeal from the chancery court of Hinds county. Hon. Gr. Gr. Lyell, Chancellor. Bill in chancery by R. J. & H. B. Davis against Luciná Bellows. From a decree dismissing the bill plaintiff appeals. The facts are as follows: The appellants and appellee entered into an agreement, which is in substance as follows: (1) By and between R. J. Davis and H. B. Davis, hereinafter designated as parties of the first part, and Lucina Gr. Bellows, hereinafter designated as the party of the second part, with reference to sawmill, timber, etc., near Jackson, Miss. (2) Stumpage. — Said parties of the first…

1Opinion of the CourtMates, C. J.

After a most careful consideration of this record in all of its aspects, we reach the following conclusions: The contract between the parties gave appellants the *842right to cut all the merchantable timber on the land for a period of five years; appellants to pay one dollar and twenty-five cents per M feet for all timber actually cut in that time, payments tó be made on the dates named in the contract, and the right thus granted to terminate on January 1, 1908. By the contract appellants were only bound to pay for the timber actually cut by them during that time, after which they had no further…

2Cited by2 opinions

  1. Middleton v. DavisMississippi Supreme Court · 1913
  2. Young v. AdamsMississippi Supreme Court · 1920

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