Legal Opinion

Collins v. Bluff City Lumber Co.

Supreme Court of Arkansas

Decided May 11, 1908PublishedCited by 9 opinions

Appeal from Grant Chancery Court; Alphonso Curl, Chancellor; Proof of continuous adverse possession of the land and timber for over seven years, under the claim of title, paying taxes thereon and exercising other rights of ownership of same, establishes adverse possession in this case, and the finding and decree should have been for appellants. 71 Ark. 273; Kirby’s Digest, § 5056; 75 Ark.'395; Id. 514; 97 S. W. 447; 76 Ark. 25. The deeds to appellee, and its de.éds'…

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Appeal from Grant Chancery Court; Alphonso Curl, Chancellor; Proof of continuous adverse possession of the land and timber for over seven years, under the claim of title, paying taxes thereon and exercising other rights of ownership of same, establishes adverse possession in this case, and the finding and decree should have been for appellants. 71 Ark. 273; Kirby’s Digest, § 5056; 75 Ark.'395; Id. 514; 97 S. W. 447; 76 Ark. 25. The deeds to appellee, and its de.éds' reserving, the timber, were all executed and on record before appellants had title to any of the lands. This was notice to…

1Opinion of the CourtBattle, J.

On the 29th day of 'September, 1906, the Bluff City Lumber Company, claiming to be the owner of the merchantable timber growing on certain lands described in its complaint, brought suit in the Grant Chancery Court against A. D. Collins and J. S. Collins to restrain them from- interfering with or molesting it in the cutting of the same. It alleged that it had a limitéd time in which to cut the timber, and was cutting it when the defendants forcibly interfered and prevented it from continuing to cut, and that it can not do so without the use of force.

A temporary restraining order was granted by…

2Cases cited2 opinions

  1. Ringo v. WoodruffSupreme Court of Arkansas · 1884
  2. Kendall v. J. I. Porter Lumber Co.Supreme Court of Arkansas · 1901

3Cited by9 opinions

  1. Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
  2. Prince v. Frost-Johnson Lumber Co.Court of Appeals of Texas · 1923
  3. Bonds v. CarterSupreme Court of Arkansas · 2002
  4. Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
  5. Broderick v. McRae Box Co.Supreme Court of Arkansas · 1919

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