Great Southern Lumber Co. v. Newsom Bros.
Mississippi Supreme Court
Appeal from circuit court of Marion county. Hon. G. Wood Magee, Special Judge.' Suit by Newsom Bros, against the Great Southern Lumber Company. Judgment for plaintiffs, and defendant appeals. Interpreting the meaning of this deed, and in seeking a definition of the word “timber” as therein used, resort may be had to general authorities. The authorities are very numerous but Ave do not find much conflict in them.
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Appeal from circuit court of Marion county. Hon. G. Wood Magee, Special Judge.' Suit by Newsom Bros, against the Great Southern Lumber Company. Judgment for plaintiffs, and defendant appeals. Interpreting the meaning of this deed, and in seeking a definition of the word “timber” as therein used, resort may be had to general authorities. The authorities are very numerous but Ave do not find much conflict in them. Timber is defined to be trees useful for building and construction purposes. Webster defines timber as: “That sort of wood Avhicli is proper for building.” 48' Tex. 347. In Nash v.…
1Opinion of the CourtSykes, J.
The appellees as plaintiffs in the circuit court sued and recovered judgment against the defendant lumber company for the breach of a contract to pay the plaintiffs six dollars a cord for all paper wood on certain lands owned by the plaintiffs. This land was a sixteenth section. In 1918' the plaintiffs purchased the merchandise timber from ‘the board of supervisors and also from the lessee of the lands. The paper wood timber sold to the defendant was pine timber from three inches in diameter up to eight inches. Also the tops of trees already cut of this diameter were included in the sale.
While…
2Cases cited3 opinions
- Kerl v. SmithMississippi Supreme Court · 1910
- United States v. StoresUnited States Circuit Court for the Southern District of Florida · 1882
- United States v. SotoArizona Supreme Court · 1901
3Cited by9 opinions
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Overby v. BurnhamMississippi Supreme Court · 1941
- Monger Et Ux. v. DimmickOregon Supreme Court · 1949
- Feneley v. KimmellMichigan Supreme Court · 1947
- Stevens v. McSwainMississippi Supreme Court · 1961
4 more not listed; retrieve them via the Exa API.