Jasper County Lumber Co. v. Smith

This is the third appeal of this case. See Smith v. Jasper County Lumber Co., Tex. Civ. App. 46 S.W.2d 430; Id., 124 Tex. 156, 76 S.W.2d 505; Jasper County Lumber Company v. Smith, Tex. Civ. App. 91 S.W.2d 834.

The suit involves title to merchantable timber on 408 acres of land in Jasper county. Appellees, to whom we will refer as the Smiths, owned the land. In 1922 they executed a timber deed, conveying the timber on it to A. J. Peavy, trustee. The deed gave the grantee, his successors and assigns, 15 years from the date of the deed in which to cut and remove the timber. The deed further…