Cummins Bros. v. Subiaco Coal Co.
Supreme Court of Arkansas
Appeal from Logan Chancery Court, Northern District; J. V, Bou,rlcmd, Chancellor; STATEMENT OF FACTS. Appellants brought this suit in equity against appellee for the recovery of a sum of money alleged to be due them by appellee as royalty under a coal lease and to cancel a coal lease and deed to one acre of land. The facts are as follows: Oil Feb. 19, 1917, appellants, by their deed, conveyed to Jas.
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Appeal from Logan Chancery Court, Northern District; J. V, Bou,rlcmd, Chancellor; STATEMENT OF FACTS. Appellants brought this suit in equity against appellee for the recovery of a sum of money alleged to be due them by appellee as royalty under a coal lease and to cancel a coal lease and deed to one acre of land. The facts are as follows: Oil Feb. 19, 1917, appellants, by their deed, conveyed to Jas. P. Hoye and R. B. Chitwood one acre of land in Logan County, Ark., described as follows: “Beginning at a point (40) forty feet due east of the center of hoisting shaft sunk by Hoye and Chitwood…
1Opinion of the Court
Hart, J.,
(after stating the facts). In Jackson v. Lady, 140 Ark. 512, the court held that a deed must be so construed that all of its parts may be harmonized and stand together, if the same can be done, and yet carry out the manifest intention of the parties. The court held further that, to ascertain the intention of the parties, not only must the contents of the deed as a whole be considered, but also the relation of the grantor to the property conveyed.
In the application of this well known rule of construction, we think the decision of the chancellor was wrong. Under the terms of the lease…
2Cases cited2 opinions
- Jackson v. LadySupreme Court of Arkansas · 1919
- Baucum v. WatersSupreme Court of Arkansas · 1916
3Cited by6 opinions
- Southern Farmers Assn., Inc. v. WyattSupreme Court of Arkansas · 1962
- Desha v. ErwinSupreme Court of Arkansas · 1925
- Holmes v. CountissSupreme Court of Arkansas · 1938
- Parker v. CherrySupreme Court of Arkansas · 1946
- Citizens' Investment Co. v. ArmerSupreme Court of Arkansas · 1929
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