Case v. Stacey

Opinion op the Court by

Morris, Commissioner—

Affirming.

Prior to Ms death in 1934, A. J. Case, father of appellant, owned a large tract of land in Pike County. On November 25, 1925, he conveyed to C. B. Davis certain timber on the tract. So much of the instrument as is pertinent to the controversy recites that the vendee should have a “period of five years in which to remove said timber, also the right to extend the right of removal from year to year, for $100 per year in excess of the five years from the date of this conveyance. ’ ’

On November 5, 1932, A. J. Case conveyed to appellant a…