· 10/29/1957
State Ex Rel. Oklahoma Planning & Resources Board v. Smith
Citations
- 317 P.2d 219
- 1957 OK 264
- 1957 Okla. LEXIS 561
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding, as a matter of law, that reasonable time within which to remove timber had expired after eighteen years, as well as cataloging cases to similar effect
- observing that “it has been widely held that a grant or reservation of timber will not be construed as giving a perpetual right, unless it is plainly manifest that such was the intent of the parties, since such rights are extremely burdensome,” as well as cataloging cases to this effect
- “To hold ... that a separate estate in timber created by grant creates merely a terminable estate ... but that a separate estate in timber created by exception or reservation creates a fee simple estate, or a perpetual right ..., would be to make a distinction without basis in law or logie[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Williams, Corn, Halley, Johnson, Blackbird, Carlile, Welch, Jackson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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