Scott v. Dunkel Box & Lumber Co.
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT by the court. At the July, 1912, term of the Randolph Circuit Court, the appellant instituted this action against appellee, alleging in his complaint that he was the owner of the following described lands in that county, towit, fractional north half of section 17, in township 19 north, and range 3 east; and that appellee had been trespassing on said lands by cutting and removing timber thereform of the value…
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Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT by the court. At the July, 1912, term of the Randolph Circuit Court, the appellant instituted this action against appellee, alleging in his complaint that he was the owner of the following described lands in that county, towit, fractional north half of section 17, in township 19 north, and range 3 east; and that appellee had been trespassing on said lands by cutting and removing timber thereform of the value of $3,525 and had damaged young and growing timber on said lands of the value of $500 and asked for treble damages.…
1Opinion of the Court
Smith J.,
(after stating the facts). The rule is well established that a deed is not to be held void for uncertainty, if by any reasonable construction it can be made available. Dorr v. School District, 40 Ark. 237, Walker v. David, 68 Ark. 546. And when the description of the land as given in the deed is doubtful, the courts, in their endeavor to arrive at its meaning, should assume the position of the parties. The circumstarices of the transaction should be carefully considered, and in the light of these circumstances, the words should be read and interpreted. Walker v. David, supra, 2…
2Cases cited7 opinions
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- Mooney v. CooledgeSupreme Court of Arkansas · 1875
- Walker v. DavidSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jasper State Bank v. GoodrichCourt of Appeals of Texas · 1937
- Meyer v. Board of Improvement of Paving District No. 3Supreme Court of Arkansas · 1921
- Brown v. WindlandSupreme Court of Arkansas · 1970
- Jenkins v. EllisSupreme Court of Arkansas · 1914
- American Investment Co. v. GleasonSupreme Court of Arkansas · 1930
12 more not listed; retrieve them via the Exa API.