Buffum

Appellants are Elwood Buffum individually, and others as trustees and last directors of the Humboldt Milling Co., Inc., a corporation that was dissolved before the commencement of this action. They filed a complaint seeking to quiet title to all of the merchantable timber on certain real property. Respondents claimed title to both land and timber, and filed a cross-complaint in the action praying that their title be quieted.

The facts are undisputed. The land consists of 80 acres located in Humboldt County. It was once owned by Nicholas Tompkins. In 1902 Tompkins executed a deed, granting to the Humboldt Milling Company “all of the timber standing, lying and contained. . . .” on the 80-acre parcel, together with a “. . . right of way over said land to get to and remove said timber. ’ ’ Appellants claim under that deed. In 1907 Tompkins conveyed the 80 acres to Alberto Robinson, reciting in the deed that the conveyance was “. . . subject to a deed made to the Humboldt Milling Company, a corporation . . . wherein [Tompkins] . . . sells all of the timber on said land and also a right of way for a road to remove said timber.” Respondents, through mesne conveyances, claim under…