Saltonstall v. Little
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Hlh county: Of May Term 1879, No. 93. Amicable action of ejectment, by Horace Little, executor of Daniel Kingsbury, deceased, against Leverett Saltonstall and others, trustees, &c.
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Error to the Court of Common Pleas of Hlh county: Of May Term 1879, No. 93. Amicable action of ejectment, by Horace Little, executor of Daniel Kingsbury, deceased, against Leverett Saltonstall and others, trustees, &c. A case was stated for the opinion of. the court as follows: Daniel Kingsbury was the owner of certain tracts of land in Fox, now Horton Township, Elk county, known as warrants 4453, 4450, 4369, 4344, 4343 and 4342 a part of which by deed dated 5th January 1860, the said Kingsbury and wife conveyed to Joseph A. Veazie, and the title so conveyed is now vested in the defendants as…
1Opinion of the CourtJustice Paxson
Whether we regard the clause in controversy, in the deed from Kingsbury to Yeazie, as a reservation or an exception, the result is the same, for in either event Kingsbury of his grantee of the timber was restricted to twelve years, in which to cut and remove *425it. The reservation of the timber was not an absolute severance of it from the freehold. It was a severance only upon the condition of its removal within twelve years. It is true no such express condition appears, and the words proviso, ita quod and sub-oonditione, so much relied upon by Lord Coke, are not to be found in the reservation.…
2Cited by12 opinions
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