Wait v. Baldwin
Michigan Supreme Court
Error to Tuscola. (Wixson, J.) Replevin. Plaintiff brings error. The facts are stated in the opinion and head notes. The owner of timber, even upon condition of removal within a limited time, is entitled to notice to remove before forfeiture: Wood v. Elliott, 51 Mich. 320. Under an absolute sale of standing timber, to be removed in a stated time, the timber becomes the absolute property of the purchaser, though not removed within the specified time; and if the vendor…
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Error to Tuscola. (Wixson, J.) Replevin. Plaintiff brings error. The facts are stated in the opinion and head notes. The owner of timber, even upon condition of removal within a limited time, is entitled to notice to remove before forfeiture: Wood v. Elliott, 51 Mich. 320. Under an absolute sale of standing timber, to be removed in a stated time, the timber becomes the absolute property of the purchaser, though not removed within the specified time; and if the vendor appropriates it, he is liable in trover for its value. His remedy is upon the breach of the covenant- for removal: Green v.…
1Opinion of the CourtChamplin, J.
The plaintiff, on the thirteenth of March, 1883, brought replevin to recover possession of 1,276 felled cedar trees, 30 pieces of cedar, and 6 pine logs, cut from the N. i of the N. W. ¿ of section 36, in township 12 N., range 10 E., Michigan.
He introduced in evidence on the trial a deed bearing-date “ the second day of July, in the year of our Lord,” but not naming any year; the evidence, however, tended to-show that it was delivered in the year 1870. This deed conveyed the land above described to Loretta M. Rumble, and immediately after the word “ Michigan ” contained the following words:…
2Cases cited1 opinion
- Pierrepont v. . BarnardNew York Court of Appeals · 1852
3Cited by22 opinions
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Hodges v. BuellMichigan Supreme Court · 1903
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Sears v. AckermanCalifornia Supreme Court · 1903
- Barrett v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1905
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