Southern Pine Lumber Co. v. Consolidated Louisiana Lumber Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. Action at law by the Consolidated Louisiana Lumber Company against the Southern Pine Lumber Company. Judgment for plaintiff, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. Action at law by the Consolidated Louisiana Lumber Company against the Southern Pine Lumber Company. Judgment for plaintiff, and defendant brings error. This suit was brought by the Consolidated Louisiana Lumber Company, hereinafter referred to as the Consolidated Company, a Louisiana corpora* tion, against the Southern Pine Lumber Company, a Texas corporation, hereinafter designated the Southern Company, to recover damages for the alleged wrongful conversion of timber cut, removed,,…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). It is a well-recognized principle of law that, in actions of trespass to try title, the plaintiff must recover upon the strength of his own title. If, then, the Consolidated Company exhibited a valid title in itself to the timber and land in controversy, the judgment was right. But if, on the other hand, the title relied upon by it was invalid, the judgment was wrong. We are thus brought to a consideration of the question of the validity or invalidity of the title exhibited by the Consolidated Company, and upon its solution will depend the result of the…
2Cases cited4 opinions
- Texas Portland Cement & Lime Co. v. LeeTexas Supreme Court · 1904
- East Line & Red River Railway Co. v. ScottCourt of Appeals of Texas · 1889
- Juencke v. Terrell, CommissionerTexas Supreme Court · 1904
- Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1889
3Cited by4 opinions
- Short v. W. T. Carter & BrotherTexas Supreme Court · 1939
- Cockrell v. WorkTexas Supreme Court · 1933
- Barrow v. BoylesCourt of Appeals of Texas · 1929
- Barrow v. BoylesCourt of Appeals of Texas · 1929