The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-04-22
Judge West So Rules in De-
Gliding Case Of Importance
to Lumber Men.
THE RIGHTS OF BUYERS
In MATTER OF SHIPPING
Camp Manufacturing Company,
With Large Interests in Virginia
and North Carolina Win
i'll Two Cases Involv-
ing Similar Qucs-
tions.
tspecIal 10 The rines.Di.patch.l

Especial TO The cTimes-Dispatch.J
UFFOLK. VA. April 21.--Judge
j. #. West. Of Wdverly, Va. to-
day in the Circuit Court OF
~ Brunswick county, atLawrence-
willie, Va, rendered an opinion
affecting more than 100 tracts OF
standing timber, and involving more
than $l,0O0.o00 in values.
There were two suits. which by con-
sent were heard together as test
cases--Camp Manufacturing Company
vs. " a. Young ct ais. and r. B.
Wright VS.. Camp Manufacturing Com
pany. The following array Of legal
talent appeared In the case:
For Young and Wrlght--Braxton.
Williams and Eggleston. and r. T.
pany--John G. Parker, F.. P. Buford
and f. X. Turnbull. j.
Involve ExtcnAivc Intcrcsts.
In the court record appear the facts;
that the Camp Company owns and OPP
crates three large lumber plants. To-
Gated In the counties Of Dinwiddie.
Isle of Wight and Southampton, with
an average daily capacity of 100000
feet, and to erect which cost s47S.000.
The company also owns sixty-five
ihiieS ol IdiiTodu' 3ioutteeil loCoHiolise
engines, 121 log cars and 1872 mules
ir value, and which are used in the
operate of the plants.
IT also is part of the record that
the company owns ?oo.0O0,Oo0 feet of
standing timber located in sixteen
counties of Virginia and North Caro-
lima most of which is remote from
railroads which do business as COM
mon carriers. The two tracts involved
in the test cases are ten and twelve
miles from such railroad.
Wright and Young are farmers OF
Brunswick county, and the deeds are
almost IDENTICAL.
Time In Which to Cut.
The points involved. touching the
time in which timber may be cut. or
removed. affects timber buyers and
sellers everywhere. and are OF much
interest to mill men and land own
crs in this section.
The. bill in the Young case was filed
to eNjotn and restrain Young and 9TH
ers from cutting and removing the
timber, which Camp claims under his
deed and to reform said deed so as to
which said timber is located. The bill
In the Wright case was filed to set
aside a similar deed from Wright tp
Camp conveying certain timber de-
scribed therein, on the ground that said
deed was procured by fraud and is null
and void, and constitutes cloud upon
Wright's title TO said timber and the
land upon which 1t is located.
The deed in the Wright Ease provides
that Camp. his assigns and SUCCESSORS.
shall have seven years to remove the
timber instead of five years, as in the
Young deed.
What the Court Says.
The courts opinion closed as follows:
First. That the plaintiffs have failed
to establish fraud In the Wright case,
Second. That the two deeds in ques-
ton pass to Camp all the pine timber
then on the land of a certain size, and
vested in the grantee the present abb
solute title to such trees as were that
size when the deeds are executed, and
preserved the smaller trees until they
should grow to that size defeasible as
to all timber not removed within the
time required by the terms Of the decd.
Third. That the title to said timber
has never reverted to the grantors. and
that Camp is now entitled Ito a rea-
sonable time within which to cut and
remove the same from said lands, which
hcdaoHdD Tine Inc court ad1uOHeS TO
be ten years from this date, provided
the Camps shall pay the grantors inter-
est on the purchase money for each
year he mays allow said timber to re.
main on said land after. the expiration
OF the iirst period of years granted in
said deeds.
Fourth. That said deeds convey to
Camp the right to erect such buildings
on said lands as lleimay see fit, and to
build, use and operate railroads. tram
ways or bogy roads across the same for
the purpose of removing said timber
or anything else which they NAV wish
to carry over said railroads. etc. ana
The right to use such material from said
lands along said roads and tramways
as may be necessary or convenient ia
build and maintain the same That said
rights may be exercised by Camp un-
I'll he shall have removed said timber
and afterwards SO longnas it NAV ghe
necessary for him to exercise them IN
the convenient prosecution of his Sbusi.
ness IN that section of country in which
said lands are located.
DEGREES will be entered in these
causes IN conformity with the view
herein expressed. -" =
d y 3 & ~