Cummer Co. v. Yager

Citations

• 75 Fla. 729
• 79 So. 272

Syllabus

<p>1. It is competent for parties owning land to convey timber growing upon it and gr,ant a perpetual right to the purchaser to enter upon the land for the purpose of removing the timber therefrom</p> <p>2. While parties may make a contract whereby one will be entitled to a perpetual right to enter upon the land of the other and remove timber therefrom which is conveyed by one to the other, such an agreement is so unreasonable in its nature, that no contract will be held to h|ave this effect unless it is plainly manifest from its terms that such was the intention 'of the parties.</p> <p>3. A deed conveying timber growing and standing upon land without stipulating the time within which it must be removed will be construed as implying that such removal shall be within a reasonable time, where the terms of the convey¡anee, or the circumstances attending the transaction afford a just basis for an adjudication of such an implication or intendment.</p> <p>4. W'hat may be regarded as a reasonable time for removing growing and standing timber from the land of another, where no time within which it shall be removed is stipulated in the deed conveying it, should be determined, not by the arbitrary will of either the grantor or the grantee, but by a consideration of the location, nature, accessibility and uses of the timber and land as well as all the other circumstances that attended the making of the conveyance.</p> <p>5. If the matter contained in an answer in an equity qause is relevant or can have a,ny influence in the decision of the subject-matter of the controversy, it is not impertinent.</p>