Sorrels v. Warnock
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. Appellee brought.-suit 'against appellant for treble damages for cutting timber from the southwest quarter of the northeast quarter of section 28, township 16 south, range 22 west, in Columbia County, claiming to be the owner thereof and alleging that the land was wild and unimproved, and that the timber was cut and removed wilfully and without right.
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Appeal from Columbia Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. Appellee brought.-suit 'against appellant for treble damages for cutting timber from the southwest quarter of the northeast quarter of section 28, township 16 south, range 22 west, in Columbia County, claiming to be the owner thereof and alleging that the land was wild and unimproved, and that the timber was cut and removed wilfully and without right. Appellants denied that appellee was the owner of •the land and that 'they had cut any timber therefrom wilfully and without right, and that they had cut timber…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellee’s right to maintain the action was based upon his ownership of the land, which was denied by the answer, and the court erred in not giving said instruction requested by appellant and in giving said instruction requested by appellee. Appellee deraigned his title through a grant from the State, of date December 16, 1873, and appellant showed the lands had been purchased from the State by Thos. J. Jarnigan, and a certificate issued therefor in 1862. That Jarnigan conveyed the lands to others and that they had been finally conveyed to her father, from…
2Cases cited4 opinions
- Chowning v. StanfieldSupreme Court of Arkansas · 1886
- Coleman v. HillSupreme Court of Arkansas · 1884
- Price v. GreerSupreme Court of Arkansas · 1905
- Alexander v. McCauleySupreme Court of Arkansas · 1861
3Cited by1 opinion
- Barker v. SawyerSupreme Court of Arkansas · 1948