Haskell v. Ayres
| Decision Date | 30 April 1875 |
| Citation | 32 Mich. 93 |
| Court | Michigan Supreme Court |
| Parties | Nathaniel B. Haskell and another v. Frederick L. Ayres and others. [1] |
Submitted on Briefs, April 29, 1875
Error to Huron Circuit.
Defendants in error sued plaintiffs in error in trover for certain logs cut on lands formerly belonging to one Kingsley. To prove their title they introduced in evidence a written contract, whereby Kingsley sold to them all the merchantable pine timber on said lands at a dollar per thousand feet, board measure, to be removed within three years from the date of the contract; and also proved title to the lands in Kingsley at the time the contract was made. It appeared also that Kingsley afterwards deeded the lands, reserving the pine timber and the right of way to take off the same. The logs in question were cut on said premises by third persons after the expiration of the three years, and were purchased of them by defendants below. The judgment below was in favor of the plaintiffs, and the defendants brought error.
Judgment reversed, with costs, and a new trial ordered.
George S. Engle, C. H. Gallup and A. E. Chadwick, for plaintiffs in error.
Richard Winsor and Ashley Pond, for defendants in error.
This case is clearly governed by Richards v. Tozer, 27 Mich. 451, and Johnson v. Moore, 28 Mich. 3, and it is only necessary to apply the principles there stated.
The judgment must be reversed, with costs, and a new trial ordered.
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Notes:
[1]Same case before the Supreme Court again, and reported in 35 Mich. 89.
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