Adel Manufacturing Co. v. McDermid
Supreme Court of Georgia
Injunction. Before Judge Eve. Cook superior court. September 6, 1919. On January 23, 1917, D. W. Whitehurst executed and delivered to the Adel Manufacturing Company a lease by which he conveyed to the company the “timber suitable for sawmill purposes” on a described tract of land. After the lease was executed and recorded Whitehurst sold the land to H. C. McDermid, who took possession.
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Injunction. Before Judge Eve. Cook superior court. September 6, 1919. On January 23, 1917, D. W. Whitehurst executed and delivered to the Adel Manufacturing Company a lease by which he conveyed to the company the “timber suitable for sawmill purposes” on a described tract of land. After the lease was executed and recorded Whitehurst sold the land to H. C. McDermid, who took possession. The company entered upon the land and commenced to cut and manufacture the timber into cross-ties, but McDermid refused to allow the company to do this; and the company filed a petition for injunction. McDermid…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
The lease in question conveyed to the plaintiff in error, for a valuable consideration, “all and singular the timber suitable for sawmill purposes ” on a described tract of land. The phrase “ timber suitable for sawmill purposes” is descriptive of the property conveyed, and is not a limitation upon its use. Gray Lumber Co. v. Gaskins, 122 Ga. 342 (50 S. E. 164); Shaw v. Fender, 138 Ga. 48 (74 S. E. 792). It follows that the sale of “timber suitable for sawmill purposes” carries with it the right to use such timber for any purpose for which the purchaser…
2Cases cited5 opinions
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Allison v. WallSupreme Court of Georgia · 1905
- Shaw v. FenderSupreme Court of Georgia · 1912
- Pennington v. AveraSupreme Court of Georgia · 1905
- Martin v. PeddySupreme Court of Georgia · 1904
3Cited by2 opinions
- Reynolds v. WingateSupreme Court of Georgia · 1927
- Taylor v. TownsCourt of Appeals of Georgia · 1941