Schoemaker v. Meadows

Some years ago the owner of timber lands in question entered into a contract for the sale of certain standing timber “ with the right to enter on said premises and cut and remove! the same at any time within five years from the date hereof. ”i This contract was dated September 2, 1931.

Later, defendant became the owner of the premises in question subject only to the contract right to remove timber. Plaintiff became the rightful owner of the contract and prior to September 2, 1931, cut, split and piled on the premises a quantity of slab wood. When he sought to remove this wood after the…