Vosburg Co. v. Watts

Citations

• 221 F. 402
• 137 C.C.A. 272
• 1915 U.S. App. LEXIS 1345

Syllabus

<p>1. Logs and Logging <@=>3—Conveyance oe Geowing Timbee—Right to Cut and Remove—In juey to Tbees Reseeved.</p> <p>A conveyance of the timber on certain land above a specified size, with the right to cut, manufacture, and remove the same, and to use the land as may be proper and requisite for that purpose, does not give the grantee the right to destroy or injure the smaller timber reserved, except to the extent that is requisite in ratting and removing that conveyed; but he 1ms the right to use modem and economical appliances, although they were not in use when the conveyance was made, where, owing to the nature of the soil or other conditions, it is reasonably necessary to secure the timber purchased.</p> <p><gss>Foir other cases see-same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Logs and Logging, Cent. Dig. §§ 6-12; Dee. Dig. ®=»3.]</p> <p>2. Courts <§=3352—Procedure--Equity Rtti.es—Submitting Questions to Jury.</p> <p>New equity rule 23 (198 Fed. xxiv), which provides that if, in a suit in equity, a matter ordinarily determinable at law arises, it shall be determined according to the principles applicable, “without sending the case or question to the law side of the court,” does not deprive the court of the-discretionary right to refer to a jury a question of fact which is incidental and subordinate to the main contention.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 926-932; Dec. Dig. <§i=>3o2.]</p> <p>other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>