Rich v. Zeilsdorff
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. Replevin, for logs. Plaintiff, in March, 1863, conveyed land to defendant, by deed containing the reservation recited in the opinion.
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APPEAL from the Circuit Court for Waupaca County. Replevin, for logs. Plaintiff, in March, 1863, conveyed land to defendant, by deed containing the reservation recited in the opinion. He testifies that he cut and removed a part of the timber within the two years named in said reservation, leaving on the land 125 logs already cut, and a large amount of standing timber; that before the two years expired, defendant agreed to extend the time for a year or more; that after the two but within three years, he commenced cutting timber on the land, but was forbidden by defendant to cut or remove any…
1Opinion of the CourtCole, J.
This case must turn entirely upon the construction which is placed upon a clause in the deed of warranty, dated March 13th, 1863, given by the plaintiff as grantor to the defendant as grantee. The deed was for the consideration of $225, and conveyed “ all that certain piece or parcel of land, situated, lying and being * * *, reserving the right to cut und remove all the pine timber or trees upon said premises, and one-half of all cedar trees upon said premises ; and the right is hereby reserved by the party of the first part to enter upon said lands at any time within two years next…
2Cases cited1 opinion
- Starr v. ChildCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by20 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- People Ex Rel. Engle v. KernerIllinois Supreme Court · 1965
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Golden v. GlockWisconsin Supreme Court · 1883
- Barrett v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1905
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