Collins v. Paepcke-Leicht Lumber Co.
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Marcus B. Hawkins, Chancellor; I. The appellants, being owners of part of the land, are owners of part of the timber, or its value, and it was the duty of the court to afford relief for the timber cut and removed. 95 Ala. 527; 51 Cal. 505;.35 Vt. 449; 33 W. Va. 60; 20 Fla. 58; 29 111. 294. 2. It was error to adjudge one half the costs against appellants, when the mandate of this court awarded all the costs against appellee.
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Appeal from Chicot Chancery Court; Marcus B. Hawkins, Chancellor; I. The appellants, being owners of part of the land, are owners of part of the timber, or its value, and it was the duty of the court to afford relief for the timber cut and removed. 95 Ala. 527; 51 Cal. 505;.35 Vt. 449; 33 W. Va. 60; 20 Fla. 58; 29 111. 294. 2. It was error to adjudge one half the costs against appellants, when the mandate of this court awarded all the costs against appellee. The opinion of this court in 77 Ark. 101 is a complete answer to and refutation of the claims of appellants in this cause.
1Opinion of the CourtBattue, J.
On the 7th day of March, 1901, James E. Collins and others instituted an action against Paepcke-Léicht Lumber Company in the Chicot Chancery Court to recover certain lands and for $10,000 as damages for timber cut. On the 4th day of June, 1901, upon final hearing, the court dismissed the complaint for want of equity, and plaintiffs appealed to this court. On the 28th of January, 1905, this court reversed the decree of the chancery court as to half interest in the lands and affirmed as to the other, and the cause was “remanded to said chancery court with directions to enter a decree for…
2Cases cited1 opinion
- Collins v. HawkinsSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Hopson v. FriersonSupreme Court of Arkansas · 1912
- JeToCo Corp. v. Hailey Sales Co.Supreme Court of Arkansas · 1980
- Gaither v. CampbellSupreme Court of Arkansas · 1910
- Chicago Mill & Lumber Co. v. Osceola Land Co.Supreme Court of Arkansas · 1910
- Paepcke-Leicht Lumber Co. v. CollinsSupreme Court of Arkansas · 1908
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