Johnson v. Truitt
Supreme Court of Georgia
Trover. Before Judge Carter. City court of Baxley. June 28, 1904. On March 14, 1903, Truitt executed a contract in the form of a deed, in which he “granted, bargained, and sold” to Johnson, “his heirs and assigns, all the timber and logs suitable to be manufactured into cross-ties” on described lots of land. Johnson was given all rights of ingress and egress necessary for the manufacture and removal of the cross-ties.
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Trover. Before Judge Carter. City court of Baxley. June 28, 1904. On March 14, 1903, Truitt executed a contract in the form of a deed, in which he “granted, bargained, and sold” to Johnson, “his heirs and assigns, all the timber and logs suitable to be manufactured into cross-ties” on described lots of land. Johnson was given all rights of ingress and egress necessary for the manufacture and removal of the cross-ties. The instrument provided : “ It is further understood and agreed that the said I. F. Johnson is to have twelve mouths from the date hereof, to manufacture said timber into…
1Opinion of the CourtCobb, J.
There being no issue of fact involved, but the case depending entirely upon the construction of the contract between the parties, the trial judge had no discretion, and the rule that his discretion will not be controlled when it is exercised in granting a first new trial has no application.
It has been held that the effect of'- an instrument conveying timber is to convey the absolute title to the timber described; that this title is not affected by a stipulation's to when the tim*329ber shall be removed; and that if the grantee removes the timber after that time, he will be liable in trespass for…
2Cases cited9 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Baxter & Co. v. MattoxSupreme Court of Georgia · 1898
- Johnson v. MooreMichigan Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- Baker v. KenneySupreme Court of Iowa · 1910
- Henson v. Airways Service, Inc.Supreme Court of Georgia · 1964
- Chapple v. HightSupreme Court of Georgia · 1926
- Harrell v. WilliamsSupreme Court of Georgia · 1924
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