Lehtonen v. Marysville Water & Power Co.

The lower court sustained a general demurrer to plaintiff’s complaint and dismissed the action. Plaintiff appeals.

The only question presented here is whether standing timber, reserved upon the sale of real estate, reverts to the grantee after the time when the grantor agreed to remove the timber. The respondent sold to the appellant a certain tract of land, but reserved the timber. The clause reserving the timber is as follows:

“Also saving and excepting all the timber growing, standing, or being upon said land, and the party of the first part reserves and is hereby given two years in which to…