Smith v. Huie-Hodge Lumber Co.

Citations

• 123 La. 959
• 49 So. 655
• 1909 La. LEXIS 809

Syllabus

<p>1. Logs and Logging (§ 3*) — Standing Tim-bee — Sale.</p> <p>Where by written contract the owner declares that he sells and delivers, for a price paid in cash, all the merchantable pine timber on a certain described tract of land, the contract is one of sale.</p> <p>[Ed. Note. — Por other cases, see Logs and Logging, Dec. Dig. § 3.*]</p> <p>2. Logs and Logging (§ 3*) — Sale of Standing Timbee — Lesion Beyond Moiety.</p> <p>Under Act No. 188, p. 420, of 1904, taken in connection with the pre-existing law, the sale of standing timber, though made with a view to its separation from the land, is the sale of an immovable, and as such is open to attack for lesion beyond moiety.</p> <p>[Ed. Note. — Por other cases, see Logs and Logging, Dec. Dig. § 3.*]</p> <p>(Syllabus by the Court.)</p>