Crane v. Patton
Supreme Court of Arkansas
Appeal'from Benton Circuit Court. Edward S. McDaniee, Judge. T. J. Patton brought suit against J. E. Crane to recover damages sustained by being' prevented from cutting timber on certain land.
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Appeal'from Benton Circuit Court. Edward S. McDaniee, Judge. T. J. Patton brought suit against J. E. Crane to recover damages sustained by being' prevented from cutting timber on certain land. The complaint states the following facts : “ The plaintiff alleg'es that on the 15th day of February, 1889, he entered into a contract in writing* with one Mary B. Paddock for the use and possession of a certain tract of land lying- southwest and near the city of Siloam Springs in Benton county and in the State of Arkansas, from said day until the 1st day of January, 1890. That in pursuance of said…
1Opinion of the CourtHemingway, J.
The writing sued upon passed the right of possession, and therefore created a lease and not a license. Tinsley v. Craige, 54 Ark. 346. The rights of the lessee are vested, not determinable at the will of the lessor; and a sale during the term of the lease, to one having' notice of it, could not extinguish it. By the terms of the instrument the lessee had a right to cut, remove and appropriate the timber ; and if the defendant by his wrongful acts deprived him of the enjoyment of the right, he is liable to the extent of the injury— that is, for what the timber would have been worth when…
2Cases cited3 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Tinsley v. CraigeSupreme Court of Arkansas · 1891
- Lee v. WestSupreme Court of Georgia · 1872
3Cited by4 opinions
- Young v. Camp Manufacturing Co.Supreme Court of Virginia · 1910
- Prince v. AlfordSupreme Court of Arkansas · 1927
- Bell v. LackieSupreme Court of Arkansas · 1947
- King-Ryder Lumber Co. v. ScottSupreme Court of Arkansas · 1904