Arnold v. Chas. T. Abeles & Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy FullZj. Judge j statement by the court. „ Appellee brought this suit against appellants to recover damages for a breach of a covenant contained in a deed -executed by appellants to appellee, conveying the timber on a certain 160 acres of land.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy FullZj. Judge j statement by the court. „ Appellee brought this suit against appellants to recover damages for a breach of a covenant contained in a deed -executed by appellants to appellee, conveying the timber on a certain 160 acres of land. The complaint alleges that the land in question is wild and unimproved, and that the Southern Dumber Company has a superior title to said land, and refused to permit appellee to remove the timber therefrom. Appellants admitted the execution of the deed and the covenant of warranty, but denied…
1Opinion of the Court
Hart, J.,
(after stating the facts). From the .statement of fact, it is readily apparent .that the title to the lands in question was in the Southern Lumber Company at the time it stopped appellee from cutting and removing the timber therefrom. The lands were forfeited to the State for -the nonpayment of taxes while they were owned by J. C. Griffing. After the period for redemption had expired, they were purchased from the State by M. W. Benjamin; and he obtained a deed therefor from the Commissioner of State Lands. The commissioner’s deed was prima facie evidence of title to the purchaser.…
2Cases cited3 opinions
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Cracraft v. MeyerSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. MooreSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Thomas v. WestbrookSupreme Court of Arkansas · 1944
- Smith v. Boynton Land & Lumber Co.Supreme Court of Arkansas · 1917
- Union Sawmill Co. v. PaganSupreme Court of Arkansas · 1927
- Anthony v. International Paper Co.Supreme Court of Arkansas · 1944
- Sessions v. Tensas River Planting Co.Supreme Court of Louisiana · 1917