C. W. Zimmerman Mfg. Co. v. Wilson
Supreme Court of Alabama
Appeal from Circuit Court, Clarke County; Ben D. Turner, Judge. Bill by A. L. Wilson against C. W. Zimmerman Manufacturing Company to quiet title to land. Judgment for complainant, and respondent appeals. Respondent denies plaintiff’s peaceable possession, and propounds his claim as founded upon a grant by the owner in June, 1889, of “all the pine timber 'now standing and being” on said lands, together with certain easements for its cutting and convenient removal.
Read the full summary
Appeal from Circuit Court, Clarke County; Ben D. Turner, Judge. Bill by A. L. Wilson against C. W. Zimmerman Manufacturing Company to quiet title to land. Judgment for complainant, and respondent appeals. Respondent denies plaintiff’s peaceable possession, and propounds his claim as founded upon a grant by the owner in June, 1889, of “all the pine timber 'now standing and being” on said lands, together with certain easements for its cutting and convenient removal. This conveyance recites that the grantee, C. W. Zimmerman & Co. “is allowed —-- years from date” for cutting and removing the…
1Opinion of the CourtSomerville, J.
We think the evidence clearly shows that complainant was in the peaceable possession of the land in question at and before the filing of his bill of complaint.
The real issue to be considered is whether any of the pine timber now standing on this land was standing on it and subject to respondent’s grant in June, 1899.
“The word ‘timber’ has an enlarged or restricted sense, according to the connection in which it is employed.” 25 Cyc. 1545.
“In this country the term ‘timber,’ when applied to standing trees, generally means such as are suitable for use in the erection of buildings or in the…
2Cases cited4 opinions
- Huron Land Co. v. DavisonMichigan Supreme Court · 1902
- Balderson v. SeeleyMichigan Supreme Court · 1910
- Gulf Yellow Pine Lbr. Co. v. MonkSupreme Court of Alabama · 1909
- Donworth v. SawyerSupreme Judicial Court of Maine · 1900
3Cited by2 opinions
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- Nettles v. LichtmanSupreme Court of Alabama · 1934