Transfer of Property Law

834 WordsFeb 14, 20134 Pages
Standing Timber 1. Marshall v Green - (1875-76) L.R. 1 C.P.D. 35 In the case, the defendant purchased some growing trees, by word of mouth, on the terms that he would remove them as soon as possible. Later, when the defendant cut down some trees, the plaintiff countermanded the sale and prohibited the defendant from cutting the remaining. However, the defendant still cut them and carried them away. It was not denied by either party that there was a verbal contract. However, the question here was whether the contract was required to be in writing under the Statute of Frauds. The issue was whether there has been a transfer of interest in land (in which registration is compulsory) or whether it was a mere sale of timber. The Court held…show more content…
The State contended that the subject matter was goods, so it had legislative competency. However, the respondents’ contention was that the law tries to create a new class of goods not known to the law. This was beyond the legislative competence of the state and hence, unconstitutional. The court held that the right to fell, cut, obtain, remove bamboos from forest areas for the purpose of converting it into paper was profit a prendre taking into consideration the duration of the contracts and the ancillary rights granted (like right to collect timber, fuel & other forest produce) . Also, the court held that it cannot be viewed as a composite agreement, one which relates to standing bamboos and is movable property and the other related to bamboos that will come into existence in future . The right is integral and
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