Houston Oil Co. of Texas v. Boykin
Texas Supreme Court
Error to the Court of Civil Appeals for the First District in an appeal from Jasper County. The Houston Oil Company of Texas brought suit in 1911 to enjoin Boykin and others from cutting timber to which plaintiff claimed title by purchase from defendants in 1900. The jury found that a reasonable time for plaintiff to cut and remove the timber purchased had already elapsed, and the trial court, holding the purchaser hound to remove in a reasonable time refused the injunction.
Read the full summary
Error to the Court of Civil Appeals for the First District in an appeal from Jasper County. The Houston Oil Company of Texas brought suit in 1911 to enjoin Boykin and others from cutting timber to which plaintiff claimed title by purchase from defendants in 1900. The jury found that a reasonable time for plaintiff to cut and remove the timber purchased had already elapsed, and the trial court, holding the purchaser hound to remove in a reasonable time refused the injunction. This was affirmed on appeal by plaintiff, who thereupon obtained writ of error.
1Opinion of the Court
Me, Justice GREEK WO CD
delivered the opinion of the court.
This case involves the construction of the following written instruments :
“State .of Texas, County of Jasper. This memorandum of agreement between Jake Norsworthy, Cyrus Boykins and his wife, Malinda Boy-kins, and Alfred McFarland and his wife, Paralee, witnesseth: that the said Jacob Norsworthv, Cyrus Boykins and his wife, Malinda, and Alfred McEarlane and his wife, Paralee, in consideration of the sum of $400 to them in hand paid by August Linstrom have bargained and sold to the said August Linstrom all of the merchantable pine…
2Cases cited11 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Carter v. Clark & Boice Lumber Co.Court of Appeals of Texas · 1912
- King v. MerrimanSupreme Court of Minnesota · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Jones v. GibbsTexas Supreme Court · 1939
- Jones v. GibbsTexas Supreme Court · 1939
- Temple Lumber Co. v. ArnoldCourt of Appeals of Texas · 1929
- Hill v. Spencer & Son, Inc., Texas Court of Appeals, 6th District (Texarkana)1998
- Martin v. Southern Pine Lumber Co.Texas Commission of Appeals · 1926
30 more not listed; retrieve them via the Exa API.