McKenzie v. Shows
Mississippi Supreme Court
Prom tlie chanceiy court of Jones county. Hon. W. T. Houston, Chancellor. One Yawn was the owner of 160 acres of land, which he occupied, with his wife, as their homestead, and, while so occupying it, he conveyed, by deed, to appellant, McKenzie, all the timber of a designated size growing on the land, no time being fixed for its removal. The deed was acknowledged and placed upon record.
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Prom tlie chanceiy court of Jones county. Hon. W. T. Houston, Chancellor. One Yawn was the owner of 160 acres of land, which he occupied, with his wife, as their homestead, and, while so occupying it, he conveyed, by deed, to appellant, McKenzie, all the timber of a designated size growing on the land, no time being fixed for its removal. The deed was acknowledged and placed upon record. Afterward, Yawn and wife, by joint deed, conveyed the land to Collins, -who conveyed to appellee, Shows. Soon after the latter went into possession, McKenzie entered on the land and began to cut and remove…
1Opinion of the CourtWoods, J.
In this state, for more than thirty years, and since the opinion of this court in Harrell v. Miller, 35 Miss., 700, it *390has been settled law that trees growing upon land are part and parcel of the realty; that “ the term land embraces, not only the soil, but its natural products growing upon and affixed to it.”
Was the sale of all the merchantable timber, of certain dimensions, on the entire homestead, with an indefinite time for its removal, a conveyance of an interest in the land, or an incumbrance upon it, and invalid, and of no force, because of the failure of the wife to join in the deed?…
2Cases cited2 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Harrell v. MillerMississippi Supreme Court · 1858
3Cited by16 opinions
- Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
- Stern v. ParkerMississippi Supreme Court · 1946
- Walton v. LowreyMississippi Supreme Court · 1896
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