Rogers v. Kerr
Supreme Court of Arkansas
APPEAL from 'White Circuit Court, in Chancery. Hon. J. W. MartiN, Circuit Judge, on exchange of circuits. 1. The title to land can not be tried in this action, but where the title of chattels depends upon the ownership of the soil from which they have been taken, the title may be incidentally investigated, with a view to determine the ownership of the chattels. Wells on Replevin, secs. 58, 79 to 85, and cases cited.
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APPEAL from 'White Circuit Court, in Chancery. Hon. J. W. MartiN, Circuit Judge, on exchange of circuits. 1. The title to land can not be tried in this action, but where the title of chattels depends upon the ownership of the soil from which they have been taken, the title may be incidentally investigated, with a view to determine the ownership of the chattels. Wells on Replevin, secs. 58, 79 to 85, and cases cited. Trees or timber severed from the soil become personal property, and the owner of the land may sustain replevin for them. Ib., sec. 73; 23 Ark., 23. In a legal proceeding of this…
1Opinion of the Court
Smith, J..
Rogers brought replevin against Kerr for a lot of cord wood and railroad ties alleged to have been cut anc^- remove^ from the plaintiff’s land. The defense was ^hat the timber and the land from which it was cut, belonged to the defendant. The answer stated that neither party was in possession of the land, .exhibited the evidence of the defendant’s title, averred that the plaintiff claimed under an illegal tax purchase, and prayed a transfer of the cause to equity and a cancellation of the plaintiff’s tax deed as a cloud upon the defendant’s title. The plaintiff demurred to the…
2Cases cited3 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Nimocks v. InksOhio Supreme Court · 1848
3Cited by4 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Gates v. KelseySupreme Court of Arkansas · 1893
- Small v. SpeeceMissouri Court of Appeals · 1908