Hounshell v. Miller

Opinion op the Court by

Judge Miller

Affirming.

The appellant, Harvey Hounshell, owned a tract of land in Breathitt County. On June 30, 1898, he sold to C. Kelman all the white oak and chestnut oak timber on the land for one hundred dollars. From this sale, however, Hounshell excepted 74 branded trees. By the terms of the contract Kelman had five years to remove the timber he had bought. By a subsequent contract, dated December 20, 1898, Hounshell sold to Smith, for a cash consideration of $104.55, all the white oak and poplar trees having certain diameters, consisting of 83 white oak trees and…