Walker v. W. T. Smith Lumber Co.

The amended bill rests upon the theory that defendant’s property and rights under the contract conveyance made an exhibit thereto have been forfeited by a violation of the provisions of paragraph 3 of the “conditions and limitations” appearing in said instrument, and its cancellation and annulment is prayed. Clauses of this character have been considered as intended for the protection and preservation to the estate of the future growth of the timber, and construed as having reference to the beginning by the purchaser of a substantial cutting of the timber, as distinguished from a mere “casual…