Rice v. Robinson Lumber Co.

Citations

• 110 Miss. 607
• 70 So. 817

Syllabus

<p>1. Logs and Logging. Grant of timber right. Construction. Appeal anú error. Review. Findings.</p> <p>Where a deed after convéying the pine timber on the land, further ■ provides: “For the consideration we hereby also sell and convey to the said lumber company a right of way over, through, and across the said land for the purpose of building, maintaining and operating logging roads, dirt roads, tramroads and dummy roads for the purpose of moving said timber. For the same consideration, we likewise convey and grant to the said lumber company a right of ingress and, egress to go upon and over said land for the purpose of removing the said timber at any and all times from the date hereof not to exceed, however, eight years from the date of this deed.” Such a deed did not authorize the grantee to build a logging road across the land for the purpose of hauling timber from other land.</p> <p>• 2. Appeal and Eero». Review. Findings.</p> <p>The findings of a chancellor, in a suit to enjoin an action for damages from the maintenance of a logging road, that the owner of land was not damaged is not conclusive, ion appeal, since the owner of the land is entitled to compensation for the use of the right of way over the land in addition to' damages done in digging the ditches through his lands, fields and crops.</p>