- 20 - Noting that some Oregon case law arguably supported a contrary view that a sale of standing timber is deemed to be a conveyance of an estate upon condition subsequent, this Court stated: Arguendo, if, from the record, we were able to find and hold that the standing timber was realty in the hands of the petitioner, we must nevertheless reach the same conclusion as above for the reasons stated below. * * * * * * * * * * petitioner exchanged a fee simple title for a limited right to cut and remove standing timber. It is our conclusion that the right to cut and remove standing timber is so intrinsically different from a fee in land that an exchange of one for the other is not an exchange of like property within * * * [the meaning of the predecessor statute to section 1031]. [Id. at 197.] Petitioners argue that Oregon Lumber Co. v. Commissioner, supra, is distinguishable because under Georgia State law, both sets of property involved in petitioner’s exchange constituted realty. Furthermore, petitioners argue, the above-quoted statements from Oregon Lumber are dicta and thus not controlling. We agree with petitioners that under Georgia State law, the prevailing view appears to be that a conveyance of standing timber, to be severed by the buyer, generally constitutes a transfer of real property. See Smith v. Alexander & Bland, 148 S.E. 98 (Ga. 1929); McLendon Bros. v. Finch, 58 S.E. 690, 691-692 (Ga. 1909); McRae v. Stillwell, 36 S.E. 604 (Ga. 1900); ChaversPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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