Ford Lumber & Mfg. Co. v. Cress
Court of Appeals of Kentucky
Appeal from Perry Circuit Court. L. D. Lewis, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. Í. Construction of deed from appellee to A. B. Asher. .(Devlin on Deeds, vol. 2, sec. ed., sec. 838a; Warvelle on Vendors, sec. 109; Warvelle on Vendors, sec. 444; White vs. Foster, 102 Mass. 375; McLeod vs. Tarrant, 20 L. R. A. 846.) 2. Waiver of Forfeiture. (Hare' & Wallaces Am.
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Appeal from Perry Circuit Court. L. D. Lewis, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. Í. Construction of deed from appellee to A. B. Asher. .(Devlin on Deeds, vol. 2, sec. ed., sec. 838a; Warvelle on Vendors, sec. 109; Warvelle on Vendors, sec. 444; White vs. Foster, 102 Mass. 375; McLeod vs. Tarrant, 20 L. R. A. 846.) 2. Waiver of Forfeiture. (Hare' & Wallaces Am. Leading cases, vol. 2, page 516; Bduley vs. Garvin, 48 L. R. A. 839; Am. & Eng. Enc. of Law, vol. 13, page 79; Morgan vs. Perkins, 94 Ga. 353, 2; S. E. 574; Kellam vs. McKinstry, 69 N. Y.…
1Opinion of the Court
Opinion of the Court by
Judge Nunn
Affirming.
This action was instituted’ by appellee to recover the value of certain timber trees that were cut from his land by appellant. The trial resulted in appellee’s favor, and appellant appeals.
The facts developed upon the trial are, in substance, as follows: On May 1,1900, appellee sold these trees to one A. B. Asher, and conveyed them to him in the usual form. The deed' was recorded in the county court clerk’s office. It was expressly stated in the deed that Asher was to have three years from the date, of the deed in which to move the timber. Not a tree…
2Cases cited3 opinions
- Chestnut v. GreenCourt of Appeals of Kentucky · 1905
- McAdams's executors v. HawesCourt of Appeals of Kentucky · 1872
- Ringo v. WarderCourt of Appeals of Kentucky · 1846
3Cited by6 opinions
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Pike v. State Board of Land CommissionersIdaho Supreme Court · 1911
- Ream v. FugateCourt of Appeals of Kentucky (pre-1976) · 1936
- Felder v. OldhamSupreme Court of Georgia · 1945
- Wright v. ClineCourt of Appeals of Kentucky · 1916
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