Sanborn v. Franklin County Lumber Co.

Citations

• 55 Fla. 389

Syllabus

<p>1. Logs are chattels, and, when they are wrongfully detained, their value may be recovered in an action of replevin.</p> <p>2. Where a deed makes a bargain and sale of “all of the standing cypress trees dead or alive, and all logs now cut and lying on” described land, and contains a covenant authorizing entry on the land to cut and remove the trees for the term of two years or until the removal of all logs cut under the contract with a further provision that the vendee shall “deaden, cut and remove the timber on said lands with diligence and as fast as the floods and water courses will permit; but if the said cypress timber shall not be removed within two years, then the vendee shall have two years” longer, the logs cut during the contract period for cutting are the property of the vendee and may be removed within a reasonable time after the expiration of the second two years pursuant to the provision of the deed giving further time for removing logs already cut under the' contract.</p>