102 Ga. 850 | Ga. | 1897
1. Where the owner of a tract of land granted to one person the privilege of working the timber growing thereon for a term of years for turpentine purposes, and to another conveyed absolutely the timber growing thereon which was “suitable for sawmill purposes,” and to yet another all interest in the land then remaining in him, the several conveyances standing, in point of seniority, in the order above named, and where afterwards the grantee last mentioned sold the land to yet another,
2. Under the allegations contained in the plaintiff’s petition, the deed under .which the defendant claimed could have been reformed; and the jury having found that the deed be reformed as prayed, so as to except from its operation the timber growing upon the land “suitable for sawmill purposes,” and there being no exception by the warrantee to this finding of the jury, and the only error which was committed on the trial being •such as related to the amount allowed the defendant upon his plea of recoupment, direction is given that a new trial be awarded, and that on the next trial the jury be required to find only the value for turpentine purposes of that portion of the timber on the lot of land in question which is not embraced within the meaning of the term - expressed in the deed, as reformed, “timber suitable for sawmill purposes,”-and that a judgment be rendered in accordance with the finding upon this issue of fact.
Judgment reversed, with direction.