Legal Opinion · Dissent

Sun Lumber Co. v. Thompson Land & Coal Co.

West Virginia Supreme Court

Decided April 9, 1953No. 10493Published

1DissentLovins, Judge

I do not concur in the affírmanee of the decree of the trial court for the following reasons:

I think that the action of the court in this suit gives force and effect to an inequitable principle whereby the plaintiff loses valuable property rights.

■ The opinion of the courts in other jurisdictions are varied and divergent. Some courts hold that writings, similar to that here considered, grant a mere license to remove the timber from the land for a reasonable time. Other jurisdictions take the position that such rights constitute a lease oh the land for the purpose of the timber operations.…

2Cases cited21 opinions

  1. Adkins v. HuffWest Virginia Supreme Court · 1906
  2. Craig v. HukillWest Virginia Supreme Court · 1892
  3. Keystone Co. v. BrooksWest Virginia Supreme Court · 1909
  4. Null v. ElliottWest Virginia Supreme Court · 1902
  5. Williams v. McCartyWest Virginia Supreme Court · 1918

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