Yelvington v. Short
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. On the 11th of July, 1906, the appellee executed a timber deed to Hamlen & Sons Company, conveying all white oak, cow oak and burr oak timber growing on certain lands in Columbia County, Arkansas, for the consideration of $150. The deed, among other things, provided that “The party of the second part (Hamlen & Sons Company) shall cut and remove said timber as expeditiously as possible,” and…
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Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. On the 11th of July, 1906, the appellee executed a timber deed to Hamlen & Sons Company, conveying all white oak, cow oak and burr oak timber growing on certain lands in Columbia County, Arkansas, for the consideration of $150. The deed, among other things, provided that “The party of the second part (Hamlen & Sons Company) shall cut and remove said timber as expeditiously as possible,” and that “unless it shall be removed within a period of two years from date hereof, then it shall be responsible and pay to…
1Opinion of the Court
Wood, J.,
(after stating the facts). We are of the opinion that under the undisputed evidence, the court did not err in directing a verdict in appellee’s favor. The deed under which appellant asserts his rights contained a provision similar to the deed construed by this court in Earl v. Harris, 99 Ark. 112, the only difference being that in that case the time was five years, whereas in the present case the time is fixed at two years in which the grantee should begin to pay the taxes on the land in the event all the timber was not removed at the expiration of such period. In that case we held…
2Cases cited1 opinion
- Earl v. HarrisSupreme Court of Arkansas · 1911
3Cited by7 opinions
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- Newton v. Warren Vehicle Stock Co.Supreme Court of Arkansas · 1915
- Lawless v. Caddo River Lumber Co.Supreme Court of Arkansas · 1920
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