Gaskins v. Green
| Decision Date | 18 April 1914 |
| Docket Number | 276. |
| Parties | GASKINS v. GREEN. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
L. J Gaskins executed, to Massee-Felton Lumber Company, a corporation, an instrument attested and recorded as a deed which recited a consideration, and purported "to grant bargain, sell, demise, and lease to the said Massee-Felton Lumber Company, its successors, and assigns, all and singular the timber on the following described lots and parcels of land, to wit." Then follows a description of the land with reservations of certain described timber. The instrument also contains a covenant that the "Massee-Felton Lumber Company, its successors and assigns, are to have free, full and undisturbed use and enjoyment of the said timber including the right to cut and remove the same from the said lands within four years from date, after which time said lease may be extended by payment of 25 cents per acre per year." Subsequently, and before the expiration of the four years allowed Massee-Felton Lumber Company to remove the timber, that corporation executed to J. N. Bray & Son, a partnership, a separate writing, which, so far as material to this case, recites that "the Massee-Felton Lumber Company, a corporation of Bibb county, Georgia, hereby transfers, sells, aliens, and conveys unto J. N. Bray & Son a partnership composed of J. N. & E. W. Bray of Valdosta, Lowndes county, Georgia, all its rights, titles, and privileges in each and every one of the following described leases, namely." Then follows among others a description of the paper above mentioned. Held, that the transfer above mentioned was not a mere conveyance of the paper, but was a transfer of all right, title, and interest which Massee-Felton Lumber Company had in the property described in the paper, as well as all rights which it had according to the terms of the paper, including the right to extend the time for cutting or removing the timber.
The written instrument between Gaskin and Massee-Felton Lumber Company, described in the preceding note, had indorsed upon it the following: "I hereby, for the consideration of two hundred ($200.00) dollars, transfer the within lease to R. M. Green, this the 10th day of June, 1912"--which instrument was signed by the two members of the firm of J. N Bray & Son. Held, that while this latter transfer may be insufficient as a conveyance of title (Tillman v. Bomar, 134 Ga. 660, 68 S.E. 504), to...
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