Matthews v. Tubbs

The Chancellor.

The question in this case is whether the defendants have a right to enter upon the complainant’s land for the purpose of cutting and removing timber. The defendants rely upon an instrument under seal executed by the complainant’s. *125grantor prior to the acquisition of title by the complainant, by the terms of which the complainant’s grantor acknowledged to have received from the defendants five hundred dollars in payment for the timber therein described which the agreement stated he had that day sold to the defendants. The agreement specified that the timber should be cut and…