105 Ga. 106 | Ga. | 1898
Timber growing on land is a part and parcel of the realty. Pritchett v. Davis, 101 Ga. 236. It is a part of the inheritance. 28 Am. & Eng. Enc. L. 870. And while a tenant for life or years is entitled, of common right, to take prudently sufficient estovers, unless restrained by contract, or to take timber for reasonable repairs (Gower v. Eyre, Coop. 160; Alexander v. Fisher, 7 Ala. 514; Calvert v. Rice, 91 Ky. 533), yet such tenant has no right to sell the timber, where such sale is not an incident to the reasonable enjoyment of his estate. In Davis v. Gilliam, 5 Ired. Eq. (N. C.) 308, the court said: “We should