Legal Opinion

Haskell v. Ayres

Michigan Supreme Court

Decided April 30, 1875PublishedCited by 8 opinions

Brror to Huron Circuit. Defendants in error sued plaintiffs in error in trover for ■certain logs cut on lands formerly belonging to one Kingsley. 'To prove their title they introduced in evidence a written ■contract, whereby Kingsley sold to them all the merchantable pine timber on said lands at a dollar per thousand feet, board measure, to be removed within three years from the ■date of the contract; and also proved title to the lands in Kingsley at the time the contract…

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Brror to Huron Circuit. Defendants in error sued plaintiffs in error in trover for ■certain logs cut on lands formerly belonging to one Kingsley. 'To prove their title they introduced in evidence a written ■contract, whereby Kingsley sold to them all the merchantable pine timber on said lands at a dollar per thousand feet, board measure, to be removed within three years from the ■date of the contract; and also proved title to the lands in Kingsley at the time the contract was made. It appeared also that Kingsley afterwards deeded the lands, reserving the pine timber and the right of way to…

1Opinion of the Court

PeR Gueiah:

This case is clearly governed by Richards v. Tozer, 27 Mich., 451, and Johnson v. Moore, 28 Mich., 3, and it is only necessary to apply the principles there stated.

The judgment must be reversed, -with costs, and a new trial ordered.

2Cases cited2 opinions

  1. Johnson v. MooreMichigan Supreme Court · 1873
  2. Richards v. TozerMichigan Supreme Court · 1873

3Cited by8 opinions

  1. Hodges v. BuellMichigan Supreme Court · 1903
  2. Adkins v. HuffWest Virginia Supreme Court · 1906
  3. Macomber v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1896
  4. Null v. ElliottWest Virginia Supreme Court · 1902
  5. Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928

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