Cawthon v. Stearns Culver Lumber Co.

Citations

• 60 Fla. 313

Syllabus

<p>1. Under a conveyance of “all the pine timber suitable for saw logs that there is now or may be hereafter” on described land, “with privilege of free ingress and egress at any and all times * * * for the purpose of removing said timber,” the right to take the designated timber passed immediately upon the execution of the conveyance.</p> <p>2. A deed made to a firm in the firm name, instead of to the in- ‘ dividual members of the firm, is not for that reason void. It is a latent ambiguity, that may be explained and supplied by parol ■ testimony.</p> <p>3. Where the statute requires only that a deed of conveyance shall 'be recorded in the office assigned by law for that purpose in order to be effectual against subsequent purchases for value and without notice, the mere record of a deed of conveyance in the Mortgage Record Book instead of in the Deed Record Book does not render the record ineffectual as constructive notice to subsequent purchasers.</p> <p>4. While in a conveyance of growing timber intended to be removed from the land, where no time is specified for the removal a reasonable time may be implied to be determined from all the facts and circumstances of the particular ease, yet where the conveyance contemplates future growth of at least some of the trees before their removal, and an indefinite right to remove is given, even though an intention to remove the timber appears by the conveyance, the mere passage of sixteen years without removal may not of itself terminate the vendee’s right to take the timber from the land, where no injury or undue advantage is made to appear.</p>