Walcutt v. Treisch

Citations

• 82 Ohio St. (N.S.) 263

Syllabus

<p>Deed for timber land — Grantor to remove timber in certain time — • Timber cut bttt not removed — Absence of forfeiture clause in deed — Grantor retains right in timber — Grantee’s redress in damages for trespass.</p> <p>Where in a deed of conveyance of lands the timber thereon is excepted and reserved by the grantors, with the privilege of removing the same within a stipulated time, and within the time limited a portion of said timber is by them cut and severed from the realty, but is not removed from the premises until after the limitation period has expired.</p> <p>Held: 1. That, in the absence of a forfeiture clause in the deed, grantors’ right to the timber so severed from the realty was no't lost nor their title thereto forfeited to the landowner, because of their failure to remove the same within the time stipulated in the deed.</p> <p>2. That under such circumstances the landowner cannot recover from the grantors the value of the timber cut and removed by them, but the extent of his remedy is the damages he may have sustained by reason of the grantors’ trespass upon and occupation of his land.</p>