Fermwood Lumber Co. v. Rowley

Citations

• 110 Miss. 821
• 71 So. 3

Syllabus

<p>1. Public Lands. Lease. Sale of timber. Yalidity. Cutting logs. Power of board of supervisors. Trespass. Measure of damages.</p> <p>A conveyance of timber by a lessee of sixteenth section land, whose unexpired term continues for fifty-five years, is valid against one who with notice thereafter purchased the right to cut all the timber growing on the land from the board of supervisors.</p> <p>2. Public Lands. Lease. Cutting logs. Powers of board of supervisors.</p> <p>In such case the only control which the board of supervisors had over the timber was to prevent its being cut or destroyed, except in accordance with the rules of good husbandry, unless the right so to do should be purchased from it, and .this right, it could sell only to or with the consent of the lessee of the land, or to or with the consent of the person to whom the lessee had sold the timber and his assigns.</p> <p>3. Same.</p> <p>In such case the board of supervisors had no authority either to cut or remove the. timber, or to authorize appellee so to do. The only right which it did have was simply the right to sell to appellant or its assignee, the right to cut and remove the timber for uses not within the rules of good husbandry.</p> <p>4. Trespass. Measure of damages. Wrongful cutting of timber.</p> <p>The measure of damages for the wrongful cutting of timber is the value of the timber cut and' removed.</p>