Steinman Development Co. v. W. M. Ritter Lumber Co.

I. Timber for Mining Purposes.

McDOWELL, District Judge

(after stating the facts as above). I shall first consider only the plaintiff’s right to timber for mining purposes. In the copy of the deed from the Wrights to Steinman of 1875, filed with the bill, the clause in question appears as “the right to cut and use timbers.” From an inspection of the same clause in the six deeds to Price & Steinman, filed as exhibits with the deposition of W. M. Lambert, it seems .practically certain that the word “timbers” in the Wright-Steinman deed is a typographical error for “timber.”

Both in-reason and by…