Teachout v. Clough
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B.Woodr ■ side, Judge. (1) “Saw Timber,” as a matter of law, and in the light of the testimony, embraces all trees of every variety whatsoever, including all species of oak, not less than six inches, and certainly not less than eight inches at the butt, found on the premises in controversy. 28 Am. and Eng. Ency. of L. (2 Ed.), 536; 26 Am. and Eng. Ency. (2 Ed.), 453; 19 Am. and Eng. Ency.
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Appeal from Dent Circuit Court. — Hon. L. B.Woodr ■ side, Judge. (1) “Saw Timber,” as a matter of law, and in the light of the testimony, embraces all trees of every variety whatsoever, including all species of oak, not less than six inches, and certainly not less than eight inches at the butt, found on the premises in controversy. 28 Am. and Eng. Ency. of L. (2 Ed.), 536; 26 Am. and Eng. Ency. (2 Ed.), 453; 19 Am. and Eng. Ency. (2 Ed.), 523; 25 Oyc. 1545; Keeton v. Audsley, 19 Mo. 362; United States v. Stores, 14 Fed. 824; Kolloch v. Parcher, 52 Wis. 393; State v. Addington, 121 N. O. 538;…
1Opinion of the CourtNixon, P. J.
The parties to this suit were residents of the State of Iowa on March 5, 1909, on which date the appellant conveyed to the respondents some four hundred acres of land situated in Dent county, Missouri. Prior to the execution of the deed, there had been a written proposition between the parties which respondents had accepted, by which it was agreed that the land should be conveyed to the respondents, subject to a reservation in these words: “And timber reserved.” Subsequently, on the 4th day of March, 1909, another contract was entered into by which respondents agreed to exchange their seventy…
2Cases cited12 opinions
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Ricketts v. HartSupreme Court of Missouri · 1899
- Bank of Atchison County v. ByersSupreme Court of Missouri · 1897
- Perkins v. StockwellMassachusetts Supreme Judicial Court · 1881
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3Cited by8 opinions
- Paullus v. YARBROUGH ET UXOregon Supreme Court · 1959
- Ladnier v. Ingram Day Lumber Co.Mississippi Supreme Court · 1924
- St. Louis Smelting & Refining Co. v. HobanSupreme Court of Missouri · 1948
- Omaha Lumber Co. v. Co-operative Investment Co.Supreme Court of Colorado · 1913
- Choctaw Lbr. Co. v. McKeeverSupreme Court of Oklahoma · 1926
3 more not listed; retrieve them via the Exa API.