Polk v. Carney
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Joseph B. Moore, Judge. Action by Charles C. Polk against James E. Carney and others. From an order granting a new trial, plaintiff appeals.
1Opinion of the CourtHaney, J.
In affirming the order of the circuit court granting defendants’ application for a new trial, this court decided that the contract under which plaintiff’s assignor claimed title to certain standing timber constituted a nonassignable and revocable license, which had been revoked by a conveyance of the land upon which such timber was standing. Polk v. Carney, 17 S. D. 436, 97 N. W. 360. The plaintiff in his petition for a rehearing did not *296seriously dispute the proposition that a mere license to enter and remove standing timber is not assignable and is revoked by a sale of the realty to which…
2Cases cited4 opinions
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Fish v. CapwellSupreme Court of Rhode Island · 1894
- Price & Baker Co. v. MadisonSouth Dakota Supreme Court · 1903
- Polk v. CarneySouth Dakota Supreme Court · 1903
3Cited by5 opinions
- Patel v. Comm'rUnited States Tax Court · 2012
- Patel v. Comm'rUnited States Tax Court · 2012
- Thompson v. FinnerudSouth Dakota Supreme Court · 1927
- Upen G. Patel and Avanti D. Patel v. CommissionerUnited States Tax Court · 2012
- Upen G. Patel and Avanti D. Patel v. CommissionerUnited States Tax Court · 2012