Taylor v. Union Sawmill Co.
Supreme Court of Arkansas
Appeal from Union Chancery Court; J. M. Barker, Chancellor; STATEMENT BY THE COURT. This suit was instituted by appellee against appellant to enjoin the latter from cutting and removing certain species of oak timber from certain lands in Union County, described in the petition, and also for the purpose of reforming a deed of conveyance made by J. R. Taylor, appellant’s ancestor, to appellee on the 16th day of May, 1905. The appellee alleged that the appellant, without right…
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Appeal from Union Chancery Court; J. M. Barker, Chancellor; STATEMENT BY THE COURT. This suit was instituted by appellee against appellant to enjoin the latter from cutting and removing certain species of oak timber from certain lands in Union County, described in the petition, and also for the purpose of reforming a deed of conveyance made by J. R. Taylor, appellant’s ancestor, to appellee on the 16th day of May, 1905. The appellee alleged that the appellant, without right or authority, entered upon and commenced to cut and remove a lot of timber coming under the term of “white oak timber;”…
1Opinion of the Court
Wood, J.,
(after stating the facts). The testimony on behalf of the appellee tended to prove that, according to the general custom of those buying, selling, and manufacturing oak timber into lumber, when one buys or sells white oak timber it includes the species known as forked leaf, cow oak, overcup and post oak. The testimony of the witnesses on behalf of the appellant, on the other hand, tended to prove that when one bought timber under a deed specifying “white oak,” in Union County, where this timber is situated, he would get only that species of white oak known as forked leaf, and not…
2Cases cited5 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Gulf Compress Co. v. HarringtonSupreme Court of Arkansas · 1909
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Potter v. Phenix Ins.U.S. Circuit Court for the District of Western Missouri · 1894
- McCoy v. Erie & Western Transportation Co.Court of Appeals of Maryland · 1875
3Cited by8 opinions
- C. & A. Construction Co. v. Benning Construction Co.Supreme Court of Arkansas · 1974
- Pond Creek Mill & Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1920
- Venturi, Inc. v. AdkissonSupreme Court of Arkansas · 1977
- Shuffield v. HartonSupreme Court of Arkansas · 1962
- C. & A. Construction Co. v. Benning Construction Co.Supreme Court of Arkansas · 1974
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