ROBERTS MARBLE COMPANY v. Bridges

Supreme Court of Georgia

ROBERTS MARBLE COMPANY v. Bridges

73 S.E.2d 89, 209 Ga. 401, 1952 Ga. LEXIS 508

CourtSupreme Court of Georgia

DecidedOctober 14, 1952

Docket17971

StatusPublished

This text of 73 S.E.2d 89 (ROBERTS MARBLE COMPANY v. Bridges) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

ROBERTS MARBLE COMPANY v. Bridges, 73 S.E.2d 89, 209 Ga. 401, 1952 Ga. LEXIS 508 (Ga. 1952).

Pincite

Opinion

Duckworth, Chief Justice.

A timber lease, conveying “all pine timber which has been worked or cupped for turpentine purposes and all other timber on the lands . . described, measuring nine inches and up in diameter at the stump at the time of cutting,” conveys all the timber, including saw, pulpwood, fence-post, cross-tie, and of any other nature as long as it measures as above, and the statement in the time-limit clause of the lease, expressly limiting it to five years from date, which states “in any event, purchasers shall not cut over any portion of the land more than once,” does not require the grantee to “cut-clean” by continuous operation all the various types of timber when it enters any particular area of the land, as was required in the lease contract in *402 Bozarth v. Paschall, 158 Ga. 208 (122 S. E. 683). The lease here is unambiguous and the “cut-over” phrase is inserted to prevent “the purchasers . . taking advantage of further growth of the timber” during the five-year period, and the land could not be said to have been cut over until the various types of timber had been cut therefrom. Napier v. Decatur Dumber Co., 150 Ga. 687 (104 S. E. 625); Turk v. Jeffreys-McElrath Mfg. Co., 207 Ga. 73 (60 S. E. 2d, 166). The court did not err in sustaining the demurrer to the petition and dismissing the same.

No. 17971. Submitted September 8, 1952 Decided October 14, 1952— Rehearing denied November 13, 1952. R. G. Dickerson and C. J. Taylor, for plaintiffs in error. J. Lundie Smith and B. Lamar Tillman, contra.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Duckworth, Chief Justice.

A timber lease, conveying “all pine timber which has been worked or cupped for turpentine purposes and all other timber on the lands . . described, measuring nine inches and up in diameter at the stump at the time of cutting,” conveys all the timber, including saw, pulpwood, fence-post, cross-tie, and of any other nature as long as it measures as above, and the statement in the time-limit clause of the lease, expressly limiting it to five years from date, which states “in any event, purchasers shall not cut over any portion of the land more than once,” does not require the grantee to “cut-clean” by continuous operation all the various types of timber when it enters any particular area of the land, as was required in the lease contract in *402 Bozarth v. Paschall, 158 Ga. 208 (122 S. E. 683). The lease here is unambiguous and the “cut-over” phrase is inserted to prevent “the purchasers . . taking advantage of further growth of the timber” during the five-year period, and the land could not be said to have been cut over until the various types of timber had been cut therefrom. Napier v. Decatur Dumber Co., 150 Ga. 687 (104 S. E. 625); Turk v. Jeffreys-McElrath Mfg. Co., 207 Ga. 73 (60 S. E. 2d, 166). The court did not err in sustaining the demurrer to the petition and dismissing the same.

No. 17971. Submitted September 8, 1952 Decided October 14, 1952— Rehearing denied November 13, 1952. R. G. Dickerson and C. J. Taylor, for plaintiffs in error. J. Lundie Smith and B. Lamar Tillman, contra.

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

73 S.E.2d 89, 209 Ga. 401, 1952 Ga. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-marble-company-v-bridges-ga-1952.

Opinion

Related

Cite This Page — Counsel Stack