Deer Creek Lumber Co. v. Sheets
West Virginia Supreme Court
Appeal from Circuit Court, Pocahontas County. Bill by the Deer Creek Lumber Company and others against Ira "W. Sheets and others. Prom a decree for plaintiffs, the defendant named appeals.
1Opinion of the Court
Robinson, Judge :
This suit is for an injunction to inhibit the defendant from cutting timber on his own land.
The whole controversy arises on a construction of the deed whereby defendant holds his land. It involves merely the question whether plaintiffs or defendant owns the timber on the tract. Prom a decree of perpetual injunction in favor of plaintiffs, defendant appeals.
E. N. and S. D. Ervin, owning a tract of 106 acres, by agreement under seal,- dated Dec. 21, 1905, sold the timber on *22the tract to E. M. Arbogast, with the following provision: “The parties of the first part agree to give…
2Cited by18 opinions
- Paxton v. Benedum-Trees Oil Co.West Virginia Supreme Court · 1917
- Post v. BaileyWest Virginia Supreme Court · 1931
- Martin v. Southern Pine Lumber Co.Texas Commission of Appeals · 1926
- Realty Securities & Discount Co. v. National Rubber & Leather Co.West Virginia Supreme Court · 1940
- Bennett v. SmithWest Virginia Supreme Court · 1952
13 more not listed; retrieve them via the Exa API.