Joyce v. Gibson

Litz, Judge:

The defendant, Earl Gibson, appeals from a decree of the circuit court enjoining and restraining him from cutting and removing timber claimed by the plaintiff, R. L. Joyce.

By deed bearing date June 10, 1890, Joel Gibson and wife conveyed to the plaintiff, R. L. Joyce, with covenants of general warranty of title, ‘ ‘ all the timber and trees of every kind except enough to keep up the farm and buildings” oh a tract of land in Logan, county, “with right to cut and remove the same * * * and all necessary and convenient land, roads and rights of way to and from said timber and trees,…