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Brown v. Hodge-Hunt Lumber Company, Inc.

110 So. 886 (1927)

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Brown v. Hodge-Hunt Lumber Company, Inc.

Louisiana Supreme Court

110 So. 886 (1927)

Facts

Hodge-Hunt Lumber Company, Inc. (Hodge-Hunt) (defendant) owned land that included stands of uncut timber. Hodge-Hunt sold the land to G. A. Woods in 1906 but reserved all ownership and rights to the saleable timber on the land, as well as rights to access the land for the removal of the timber. There was no time limit included in the deed on when the removal of the timber must occur. After Woods’s death, the land was sold for taxes, and after numerous resales, the land eventually came to be owned by Brown (plaintiff). The purchase price of the land for each of these sales was far less than what the land would have been expected to bring if the sale had included the rights to the timber, although none of the deeds mentioned timber rights. After Brown acquired the land, Hodge-Hunt cut and removed some of the timber. Brown sued Hodge-Hunt, alleging that he owned the timber as well as the land. The trial court held that Brown owned both the land and the timber and awarded Brown damages. Brown and Hodge-Hunt both appealed.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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