Cotton States Lumber Co. v. James
Cotton States Lumber Co. v. James
Opinion of the Court
delivered the opinion of the court.
This is a bill by the appellee, James, against the appellant, the Cotton States Lumber Company, seeking to cancel, as a cloud upon his title to certain lands, the claim of the appellant to an easement over and through such lands for its logging railroad. A demurrer was interposed to the bill, and overruled by the court below, and an appeal to this court granted to settle the principles of the cause. The case involves a construction of the following contract:
“For and in consideration of the sum of $2000 received from the grantee, we, Jos. A. and Lizzie 0. James, hereby sell, convey,.and warrant unto the Cotton States Lumber Company, a corporation, created and existing under the laws of the state of Mississippi, domiciled in Lauder-dale county, all merchantable timber, that is to say, of the size sufficient for saw logs in and upon the following described lands, situated in Lauderdale county, state of Mississippi, to wit: The N. E. % of the S. E. 14 and the south y2 of the S. E. % and the E. % of the S. E. % of the S. W. 14 and the S. W. % of the S. W. % of section 19, and the N. W. 14 of the N. W. 14 of section 30, all in township 8,. range 14 east. And it is understood and agreed that the said Cotton States Lumber Company, its successors and assigns, shall have four years from Jan. 1, 1906, in which to cut and remove said timber and for
The contention of appellant is that under the provisions of the contract it has the right, after the removal of the timber from the lands of appellee, to continue to maintain and operate its tramways and railroads over such lands as long as may be necessary to reach other timber owned by it; while appellee contends that such right expired with the four years given by the contract for the removal of the timber from his lands.
For a consideration of two thousand dollars, paid by appellant, appellee conveyed to it, first, all merchantable timber of size sufficient for saw logs, standing on his lands (which are described), limiting the time for removal of same within four years from January 1, 1906; second,' for the purpose of removing the timber, the right to maintain and operate tramways, railroads, etc., over his lands; and, third, after the removal of the timber from his lands, to enable the lumber company to reach other timber owned by it, the right to “construct and maintain such roadways, tramways, or railroads, or other means, over and across said lands, as may be needed,” and this right shall be binding upon “the grantors, their heirs, and assigns,” reserving to himself
It is contended for appellee that the clause in question is void, because not sufficiently definite and certain in its terms. The lands over which the easement is granted are sufficiently described, and the duration of the easement is as long as may be necessary “to reach other timber of said grantee,” which evidently means (putting a reasonable interpretation on the language) other
Reversed and remanded.
Reference
- Full Case Name
- Cotton States Lumber Company v. Joseph A. James
- Status
- Published
- Syllabus
- 1. Construction of Contract. Basement. Where a party for a valuable consideration conveys to another party; first, all merchantable timber standing on the lands of the grantor (which are described) limiting the time of removal of same within four years from a given date; and second for the purpose of removing the timber, the right to maintain and operate tramways, railroads, etc., over the grantor’s lands; and, third, after the removal of the timber from the lands of the grantor to enable the grantee to reach other timber owned by it, the right to construct and maintain such roadways, tramways, etc., over and across said described lands as may be needed and providing that this right shall be binding upon the grantors, their heirs and assigns, reserving to grantors the right to enter upon any of said lands as the timber shall be removed therefrom, providing, however, that this right shall not interfere with the right of the grantee to use any part thereof for rights of way as aforesaid. Held, that the clause limiting the time for removal of the timber from the grantor’s lands to a period within four years, and the one following, conveying the right to the grantee after the removal of said timber to maintain its road over such lands for the purpose of reaching other timber owned by it, harmonize, and such a con- • tract is not void for uncertainty. 2. Same. The duration of the easement granted by such a contract is as long as may be. necessary to reach other timber of the grantee owned at the time of the contract than that upon the lands of the grantor.