Warren v. Ash
Supreme Court of Georgia
Injunction. Before Judge Spence. Decatur superior court. .March 16, 1907. The plaintiffs, on June 24, 1904, sold to Smith, Sims & Morea a shingle-mill and certain standing timber, and executed to the purchasers the following instrument: “Georgia, Decatur County.
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Injunction. Before Judge Spence. Decatur superior court. .March 16, 1907. The plaintiffs, on June 24, 1904, sold to Smith, Sims & Morea a shingle-mill and certain standing timber, and executed to the purchasers the following instrument: “Georgia, Decatur County. This indenture made and entered, into this 29th day óf June, 1904, between R. P. Ash, T. H. Wilson, and Mrs. Rosa Ash, parties of the first part, and J. H. 'Sims, J. F. M. Smith, and G. W. Morea, parties of -the second part, showeth, that the said parties of the first part has this day sold to the parties of the second part a certain…
1Opinion of the CourtEvans, J.
(After stating the facts.) The transaction between the plaintiffs and Smith, Sims & Morea was a sale of a shingle-mill, and the timber on certain described land, with certain privileges in aid of a contemplated manufacture of the timber. The writing clearly -reflects the intention of the parties to have been that the trees were to be cut and removed from the' land within a reasonable time from the date of the conveyance. Therefore the estate which the purchaser acquired in the trees was a fee, determinable on a failure to cut and remove the timber within a reasonable time. McRae v. Stillwell,…
2Cases cited4 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Morgan v. PerkinsSupreme Court of Georgia · 1894
- Holder v. ScarboroughSupreme Court of Georgia · 1903
3Cited by10 opinions
- Davis v. AkridgeSupreme Court of Georgia · 1945
- Tarver v. DeppenSupreme Court of Georgia · 1909
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Lederle v. City of AtlantaSupreme Court of Georgia · 1927
- Jones v. GrahamSupreme Court of Georgia · 1913
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