Merriwether v. Dixon

Citations

• 28 Tex. 15

Syllabus

<p>The defendant, being sued for cutting and carrying away timber from the plaintiff’s land, plead in justification a license from the plaintiff so to do. The court below instructed the jury, that if the license were not granted within two years before the cutting of the timber, it afforded no justification to the defendant. There being no limit as to time in the license itself, it is held, that the charge was erroneous.</p> <p>There is no statute of limitations in this State applicable to a license or permit to’cut timber from the land of another, nor can any analogy.be drawn between such a license and any of the cases barred by the limitation of two years. [For the doctrine of the two years’ statute, see Paschal’s Dig., Art. 4603, Note 1017.]</p> <p>A mere license to cut and take the timber of another is not a contract or promise on which an action will lie. It is revocable at any time by the grantor; but, until it is revoked or exhausted, the grantee has a right to consider it to be in full force.</p> <p>If the right to cut and take timber from the land of another were of such a character as to be subject to be barred by limitation, and such right were to accrue upon the happening of a future event, the limitation could commence to run only from the happening of the event, and not before.</p> <p>A proper verdict will not be disturbed in this court for the reason that it was rendered in disregard or contravention of an erroneous charge of the court below. (For the law of the charge see Paschal’s Dig., Art. 1464, Note 562.)</p>