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Threatt v. Rushing

Supreme Court of Mississippi

361 So. 2d 329 (1978)

Relevant factsFree

Threatt (defendant), holding a life estate reserved when she conveyed timber land to her children (plaintiffs), later cut about 110,000 of the property's roughly 1,000,000 board feet of standing timber (worth about $15,000) without the children's consent, claiming the cutting removed mature trees to thin the land and promote faster growth of smaller timber; the children sued for an injunction and damages, alleging the cutting constituted waste, and the trial court agreed, granting relief. Threatt appealed.

IssueFree

Whether a cotenant may cut timber from the land without consent of the other cotenants.

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