Cunningham v. Heltzel
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Suit by Minnie Cunningham and others against Cora A. Heltzel and others. Decree for defendants, and plaintiffs appeal.
1Opinion of the Court
POEEENBARGER, JuDGE:
This appeal has brought np for review a decree partially dissolving an injunction inhibiting the cutting and removal of the timber on certain lands, which was awarded to the owners of the lands, upon the theory of an abandonment or forfeiture of the timber rights vested in the assignors of the defendants, by a deed dated, July 17, 1912, and extending over a period of ten years from said date.
Having commenced the cutting of the timber in the winter following the date of the deed, the grantees, W. De Frehn & Sons, took part of it from portions thereof, and, in the fall of…
2Cases cited5 opinions
- Core v. FaupelWest Virginia Supreme Court · 1884
- Pickens v. StoutWest Virginia Supreme Court · 1910
- Lewis v. YatesWest Virginia Supreme Court · 1907
- Wilson v. Buffalo Collieries Co.West Virginia Supreme Court · 1916
- Kunst v. MabieWest Virginia Supreme Court · 1913
3Cited by7 opinions
- W. M. Ritter Lumber Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Icenhour v. Continental InsuranceDistrict Court, S.D. West Virginia · 2004
- Matthews v. TubbsCourt of Chancery of Delaware · 1928
- Kanawha Banking & Trust Co. v. WilliamsWest Virginia Supreme Court · 1937
- Sun Lumber Co. v. Thompson Land & Coal Co.West Virginia Supreme Court · 1953
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