John Marshall

“ While the grant of the tract is of no effect, he is permitted to use the timber on it. The grant of the tract, which depends on building the mill, was obviously supposed to pass something more than was passed by the permission to cut timber until it should have effect.
It is difficult to conceive any motive for granting the timber and withholding the land. That could not be granted to, or used by another, while the right to the timber existed. It is not to be believed that the government wished to restrain the grantee from cultivating a part of it. ”

“ The petitioner asks permission to build the mill and a grant of land usually annexed to such permission. It is plainly to be inferred from these documents, that this quantity was five miles square. The same fact is collected from other similar grants. The doubt is, whether the land itself, or only the timber growing on it, is asked and conceded. ”

“ Don Francisco Richard, after stating in his petition his intention to build a water saw mill, proceeds, 'and as for that purpose a fit situation is necessary, such as is offered on Pottsburg creek, bounded by the lands of Strawberry Hill, and the mentioned tract not being sufficient for the indicated objects, he requests that the quantity equivalent to the object of his petition, be granted to him, about one mile distant, east of M'Queen's mill, in order to get cypress for timber ”