Forest Product & Mfg. Co. v. Buckley

Citations

• 107 Miss. 897
• 66 So. 279

Syllabus

<p>1. Loas and Logging. Sale of standing timber. Cancellation. Courts. Rules of decision. Stare decisis. Partition. Nature of remedy. Sale of 'land.</p> <p>The owner of land in fee, who by warranty deed conveyed the timber standing thereon, together with the right to enter and remove the same, without limiting the time of its removal, is not entitled to a cancellation of the deed because the purchaser has failed to remove the timber in a reasonable'time.</p> <p>2. Courts. Rules of decision. Stare decisis.</p> <p>A former decision of the supreme court announcing a rule of property should not be departed from unless the rule therein announcing it is not only manifestly wrong but mischievous.</p> <p>3. Partition. Nature of remedy. Sale of land.</p> <p>The sale of land for a partition is regulated by statute, and is not dependent upon the common law, or the general principles of equity.</p> <p>4. Partition. Right of parties. Partition of land and standing timber.</p> <p>Under Code 1906, section 3521, providing for partition of lands held by joint tenants, tenants in common or coparceners, an owner of land, who has sold to another the standing timber thereon is not entitled to a partition since the parties do not hold as provided in the statute.</p>