Keystone Lumber Co. v. Kolman
Wisconsin Supreme Court
Appeal from a judgment of the' circuit court for Ash-land county; JohN K. Parish, Circuit Judge. Eeplevin for a quantity of pine lumber. The lumber ivas manufactured by the defendant from logs which he cut, without authority, from certain lands which the Wisconsin Central Eailroad Company acquired in 1884 from the state, under its land grant, and then owned.
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Appeal from a judgment of the' circuit court for Ash-land county; JohN K. Parish, Circuit Judge. Eeplevin for a quantity of pine lumber. The lumber ivas manufactured by the defendant from logs which he cut, without authority, from certain lands which the Wisconsin Central Eailroad Company acquired in 1884 from the state, under its land grant, and then owned. In 1885 the Wisconsin Central Eailroad Company, by an instrument in writing, bargained and sold, granted and conveyed, to the Superior Lumber Company, and to its assigns, the right to cut .-and remove, for its own use, during the period…
1Opinion of the CourtNewMAN, J.
The instrument under which the plaintiff claims title to the lumber in controversy is a mere license to cut and remove the timber. This is clear from its express terms. A license to cut timber is assignable, whether made so by express words or not. 13 Am. & Eng. Ency. of Law, 1031. This license is made assignable by express words. So, the plaintiff had the right to cut and remove this timber, and make it his own, at pleasure, at any time within the limited period, at least, unless the license should be sooner revoked. "Whether the license gave such an interest in the timber to the licensee as…
2Cases cited12 opinions
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Golden v. GlockWisconsin Supreme Court · 1883
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- Fryer v. WarneWisconsin Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Crook v. Curry CountyOregon Supreme Court · 1956
- Keystone Lumber Co. v. KolmanWisconsin Supreme Court · 1899
- Young v. YoungSupreme Court of Virginia · 1909
- Kuker v. Iowa State Highway CommissionSupreme Court of Iowa · 1962
- Dresser v. LemmaWisconsin Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.