De Witz v. Saner-Whiteman Lumber Co.
Court of Appeals of Texas
Appeal from District Court, Nacogdoches County; James I. Perkins, Judge. Trespass to try title by Robert De Witz and others against the Saner-Whiteman Lumber Company. From a judgment for plaintiffs for less than the relief demanded, they appeal.
1Opinion of the Court
This is a suit of trespass to try title, brought by appellants against the appellee to recover an undivided onefourth interest of 80 acres of land out of the Alfred Moore survey in Nacogdoches county. Under an allegation that appellee had cut and removed all the merchantable pine timber on the entire 80 acres, appellants sought to recover the value of onefourth thereof after it had been manufactured, into lumber, and, in the alternative, sought a recovery of the value of one-fourth of the timber taken from the land, called in the parlance of the timber region "stumpage value." A trial before…
2Cases cited5 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Louis Werner Stave Co. v. PickeringCourt of Appeals of Texas · 1909
- Texas & New Orleans Railway Co. v. Executors of JonesCourt of Appeals of Texas · 1903
- Gillum v. St. Louis, Arkansas & Texas Railway Co.Court of Appeals of Texas · 1893
- Patureau v. WilbertSupreme Court of Louisiana · 1892
3Cited by6 opinions
- Sadler v. DuvallCourt of Appeals of Texas · 1991
- Kirby Lumber Co. v. Temple Lumber Co.Texas Supreme Court · 1935
- Cummer-Graham Co. v. MaddoxTexas Supreme Court · 1956
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Kirby Lumber Corporation v. Mrs. Mollie KarpelCourt of Appeals for the Fifth Circuit · 1956
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