Price & Baker Co. v. Madison

Citations

• 17 S.D. 247
• 95 N.W. 933
• 1903 S.D. LEXIS 33

Syllabus

<p>1. In a suit to restrain defendant from cutting timber claimed by plaintiff under a contract of sale executed by defendant’s predecessor in title, in which defendant claimed to be the owner of the land on which the timber was located, and soug'ht damages from plaintiff for the conversion of timber already taken by it, the contract of sale was admissible to show a license to plaintiff to enter on the land, though not sufficient to convey any interest in the land because not signed by the seller’s wife, and not entitled to record because not acknowledged.</p> <p>2. A license to enter on land and cut timber is revoked by a conveyance of the fee by the licensor. ' '</p> <p>3. Where a license to enter on land and cut timber was exercised by the licensee, and the timber severed from the freehold, a subsequent. conveyance of the fee by the licensor could not deprive the licensee of his property in the cut timber.</p>