Cooksey v. Hartzell
Supreme Court of Arkansas
Appeal from Sevier 'Chancery Court; James D. Shaver, Chancellor; 1. Appellee was not an innocent purchaser. He had notice before he purchased, and is estopped. The timber was personal property. The burden of proof was on appellee to show that he was an innocent purchaser and he failed. The injunction 'Should have been granted. 75 Ark. 228; 80 Id. 86; 90 Id. 149; 82 Id. 455; 76 Id. 26; 66 Id. 167; 55 Id. 320; 2 Devlin on Deeds (3 ed.), p. 1342; 1 Pom. Eq.
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Appeal from Sevier 'Chancery Court; James D. Shaver, Chancellor; 1. Appellee was not an innocent purchaser. He had notice before he purchased, and is estopped. The timber was personal property. The burden of proof was on appellee to show that he was an innocent purchaser and he failed. The injunction 'Should have been granted. 75 Ark. 228; 80 Id. 86; 90 Id. 149; 82 Id. 455; 76 Id. 26; 66 Id. 167; 55 Id. 320; 2 Devlin on Deeds (3 ed.), p. 1342; 1 Pom. Eq. Jur., book 5, § 270; 69 L. R. A. 394; 79 Ark. 100; 1 Devlin on Real Est, “Deeds” (3 ed.), p. 206. 1. Appellee was an innocent purchaser of…
1Opinion of the Court
McCulloch, O. J.
Appellant was engaged in the timber business in Sevier County, Arkansas, and on October 4,1912,.purchased from one J. G-. Young the timber on a certain quarter-section of land. Young and his wife executed a deed on that date, conveying the timber to appellant and giving the right to cut and remove the same for & period of two years. The deed was hot filed for reord until May 17, 1913, and in the meantime Young sold and conveyed the land to appellee on February 18, 1913. This is- an action instituted by appellant in the chancery court of Sevier County to secure an injunction…
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