Abernathy v. Etcherson
Supreme Court of Arkansas
Appeal from Randolph 'Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. Appellant brought suit against appellees for damages for wilful trespass in cutting timber from certain lands.
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Appeal from Randolph 'Circuit Court; J. B. Baker, Judge; STATEMENT BY THE COURT. Appellant brought suit against appellees for damages for wilful trespass in cutting timber from certain lands. He 'alleged in the complaint that the lands “were sold and conveyed to him by warranty deed duly executed by M. F. Collier and wife, who placed him in actual possession thereof, ’ ’ and * * * ‘ that he has been in the actual, exclusive and adverse possession of said land under and by virtue of 'said deed since the date, first day of December, 1901.” It then lalleges the wilful trespass and prayed…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Waiving the question of whether the allegations of the 'answer do not constitute a negative pregnant admitting the fact of the possession of the lands by the plaintiff, and denying only that it was held by virtue of the deed, as alleged, the court has concluded that the trial court erred in refusing to withdraw the peremptory instruction directing the verdict and ;allow the plaintiff to further develop his case by the introduction of the testimony of witnesses then present in the court room. The record discloses that the court directed the jury to find in…
2Cases cited2 opinions
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- Jones v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910