Patterson v. Graham
Supreme Court of Pennsylvania
Appeal, No. 58, July T., 1894, by plaintiffs, from judgment of C. P. Juniata Co., Sept. T., 1892, No. 166, on verdict for plaintiff for less than full amount of claim. Trespass for cutting timber. Before Lyons, P. J. The facts appear by the opinion of' the Supreme Court.
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Appeal, No. 58, July T., 1894, by plaintiffs, from judgment of C. P. Juniata Co., Sept. T., 1892, No. 166, on verdict for plaintiff for less than full amount of claim. Trespass for cutting timber. Before Lyons, P. J. The facts appear by the opinion of' the Supreme Court. Plaintiffs’ points were among others as follows: “ 3. The article of agreement having no limit as to time, the law allows a reasonable time to cut and take away the timber sold, but the term of more than nineteen years from August, 1872, to May, 1892, is more than a reasonable time, and the right of Dr. Graham expired before…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The plaintiffs sued defendants in trespass for cutting timber on their land. The land, in quantity about 750 acres, some years before was owned by Ellen V. Patterson, who devised it to her husband, John Patterson, for his own and their children’s use, during his life, with power to him of testamentary disposition. At the death of testatrix in 1865, he took possession under the will. On 3d of August, 1872, for himself, and as trustee for his children, he made an agreement with G. M. Graham, one of defendants, to sell to him all the white oak and pine timber on the…
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