Legal Opinion

Rowan v. Carleton

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 3 opinions

Appeal from tbe circuit court of Quitman county. Hon. Sam;. C. Cook, Judge. Suit by E. A. Rowan against Nina W. Carleton. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. This is a replevin suit for logs brought by tbe appellant as plaintiff against tbe appellee as defendant. On tbe 17tli day of April, 1902, tbe appellant entered into a contract with tbe appellee.

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Appeal from tbe circuit court of Quitman county. Hon. Sam;. C. Cook, Judge. Suit by E. A. Rowan against Nina W. Carleton. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. This is a replevin suit for logs brought by tbe appellant as plaintiff against tbe appellee as defendant. On tbe 17tli day of April, 1902, tbe appellant entered into a contract with tbe appellee. By this contract tbe appellant gave and granted to tbe appellee tbe right for a period of four years to cut and remove timber from tbe lands described in tbe contract,…

1Opinion of the CourtSmith, J.

On the 17th day of April, 1902, appellant by deed granted to appellee “the right for a period of four years from this date to cut and remove all merchantable timber ’ ’ on certain land. Within the life of this contract a considerable portion of the timber was cut down by appellee and cut into sawlogs. Appellee also built a tramroad through the land for the purpose of removing-logs therefrom. These sawlogs were removed from the *184place where they were cut, and stacked near this tram-road, ou appellant’s land, preparatory to shipment, and there remained until after the expiration of four years…

2Cases cited4 opinions

  1. Gamble v. GatesMichigan Supreme Court · 1892
  2. Clark v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1907
  3. Butler v. McPhersonMississippi Supreme Court · 1909
  4. Ouilette v. DavisMississippi Supreme Court · 1892

3Cited by3 opinions

  1. Bond v. UngerechtTennessee Supreme Court · 1914
  2. Hanna v. BufordMissouri Court of Appeals · 1915
  3. Sumter Lbr. Co. Inc. v. SkipperMississippi Supreme Court · 1938

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