Williams v. Jones
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: Geoege Clemeetsoe, Circuit Judge. On May 12, 1900, Thomas Williams sold the defendant Thomas H. J ones a forty-acre tract of land, and gave a deed therefor containing the following clause: “The southeast quarter of the southeast quarter of section eighteen (18), town six (6) north, of range four (4) east of the fourth principal meridian, saving, excepting and reserving for himself, the grantor herein, all the…
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Appeal from a judgment of the circuit court for Iowa county: Geoege Clemeetsoe, Circuit Judge. On May 12, 1900, Thomas Williams sold the defendant Thomas H. J ones a forty-acre tract of land, and gave a deed therefor containing the following clause: “The southeast quarter of the southeast quarter of section eighteen (18), town six (6) north, of range four (4) east of the fourth principal meridian, saving, excepting and reserving for himself, the grantor herein, all the timber now growing and standing on the south half of the said premises, with the right at all times to enter on the said…
1Opinion of the CourtSiebecker, J.
The rights of the parties to damages under the respective claims set forth in the pleadings depend upon their right to and interest in the timber involved. The controversy arises under the foregoing clause of the deed. The trial court held that Thomas Williams, the grantor in the deed, retained no interest in the timber embraced in this clause other than the right to cut and remove it during his life, and that whatever timber he did not so cut and remove belonged to the defendant, the grantee in the deed. This could only result from construing it to be in effect a reservation of the right to…
2Cases cited8 opinions
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Sears v. AckermanCalifornia Supreme Court · 1903
- Golden v. GlockWisconsin Supreme Court · 1883
- Inhabitants of Winthrop v. FairbanksSupreme Judicial Court of Maine · 1856
- Lillie v. DunbarWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Schmidt v. Town of AlmonWisconsin Supreme Court · 1923
- Bardon v. O'BrienWisconsin Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.