A Compendium of the Law and Practice of Injunctions, and of Interlocutory Orders in the Nature of Injunctions, Vol. 2 of 2 (Classic Reprint) - Tapa blanda

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Excerpt from A Compendium of the Law and Practice of Injunctions, and of Interlocutory Orders in the Nature of Injunctions, Vol. 2 of 2

Where the timber is included in a lease, the lessee may have trespass against the lessor for felling the trees, and the lessor's waste against the lessee. And if a stranger fell them, each may have his own appropriate action. When the trees are expressly excepted, the lessor has an implied power of going on the land to fall them, and may sue the lessee for any injury done to them. Where the timber is neither expressly included nor excluded, it would seem that the tenant has the right to have it continued, but no right to cut it down, unless waste is expressly authorized. 1 1 Rep. 48, a; Pomfret v. Ricroft, 1 Saun. 322, n. 5; Foster v. Spooner, Oro. Eliz. 18; Haydon v. Smith, Godb. 173; Jackson v. Gator, 5 Ves. 688.

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