Wood v. Freeman-Smith Lumber Co.
Supreme Court of Arkansas
Plaintiffs need not go back of a common source of title in this suit to quiet title. 90 Ark. 420-423; 41 Ark. 17-21; 44 Ark. 517-519; 49 Am. Dec. 383-389; 8 L. E. A. 727-732; 139 S. W. 149. The principle of “common source of title,” invoked by appellants, does not obtain in this case, and the rule basing recovery on the strength of plaintiff’s title has no application.
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Plaintiffs need not go back of a common source of title in this suit to quiet title. 90 Ark. 420-423; 41 Ark. 17-21; 44 Ark. 517-519; 49 Am. Dec. 383-389; 8 L. E. A. 727-732; 139 S. W. 149. The principle of “common source of title,” invoked by appellants, does not obtain in this case, and the rule basing recovery on the strength of plaintiff’s title has no application. The only question is, can plaintiffs show title to the land so that the court may find that the existing timber deed is a menace to that title.
1Opinion of the CourtMcCulloch, C. J.
This is an action institüted by appellants, Mattie Wood and C B. Primm, against appellee, Freeman-Smith Lumber Company, to quiet title to certain tracts of land in Calhoun County, Arkansas, and to restrain appellees from removing timber from such lands.
Appellee held a timber deed, executed to it by W. C. Dunn, dated November 2, 1899, conveying to appellee the timber on the lands and giving time to remove the same. That time has, according to the allegations of the complaint and proof in the case, expired, and the purpose of this suit is to cancel the timber deed as a cloud on the title of…
2Cases cited3 opinions
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- Griesler v. McKennonSupreme Court of Arkansas · 1884
- Stafford v. WatsonSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Eickhoff v. ScottSupreme Court of Arkansas · 1918
- Coulter v. O'KELLYSupreme Court of Arkansas · 1956
- Sadler v. CampbellSupreme Court of Arkansas · 1921
- Buchanan v. St. Louis & M. R.Court of Appeals for the Eighth Circuit · 1918