Cotton States Lumber Co. v. James

Citations

• 98 Miss. 134
• 53 So. 410

Syllabus

<p>1. Construction of Contract. Basement.</p> <p>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.</p> <p>2. Same.</p> <p>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.</p>