Bardon v. O'Brien
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for, Douglas coiinty: A. J. YiNJE, Circuit Judge. This action was brought to recover the value of pine and cedar timber which had been cut by the defendant from the N. E. i of section 23, town 48 N., range 10 W., in Douglas county, and which the plaintiff claimed he owned under a reservation in a deed made by him to Michael Murray, dated January 10, 1894, which reservation reads as follows: “Reserving the pine and cedar timber now…
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Appeal from a judgment of tbe circuit court for, Douglas coiinty: A. J. YiNJE, Circuit Judge. This action was brought to recover the value of pine and cedar timber which had been cut by the defendant from the N. E. i of section 23, town 48 N., range 10 W., in Douglas county, and which the plaintiff claimed he owned under a reservation in a deed made by him to Michael Murray, dated January 10, 1894, which reservation reads as follows: “Reserving the pine and cedar timber now growing or being thereon and the right to cut and remove the same.” On January 11, 1894, Murray conveyed an undivided…
1Opinion of the Court
The following opinion was filed April 20, 1909:
KbewiN, J.
The vital question in this case is whether, under the clause in the deed reserving the pine and cedar timber, the grantor was bound to remove it within a reasonable time. There is considerable conflict of authority on the question, many cases holding that such a clause amounts to a reservation and not an exception, and that the timber reserved is only such as shall be removed within a reasonable time, while others hold that such a clause amounts to an exception of the timber from the grant. The phrase “excepting and reserving” is…
2Cases cited11 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
- North Georgia Co. v. BebeeSupreme Court of Georgia · 1907
- Sears v. AckermanCalifornia Supreme Court · 1903
- Starr v. ChildCourt for the Trial of Impeachments and Correction of Errors · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ecosystem Resources, L.C. v. Broadbent Land & Resources, L.L.C.Wyoming Supreme Court · 2007
- R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
- Walters v. SheffieldSupreme Court of Florida · 1918
- Ogden v. Straus Building Corp.Wisconsin Supreme Court · 1925
- Murphy v. Sunset Hills Asso.Wisconsin Supreme Court · 1943