Legal Opinion

Arkadelphia Lumber Co. v. Mann

Supreme Court of Arkansas

Decided April 16, 1906PublishedCited by 2 opinions

Appeal from Dallas Chancery Court; Bmori O. Mahoney, Chancellor; statement by the court. Appellant, Arkadelphia Dumber Company, sued appellee, John W. Mann, in replevin in the circuit court of Dallas County for possession of 10,000 oak staves, of the value of $200, alleged to have been cut by Mann from land belonging to W. Burres Head and others, who had sold the timber to the lumber company.

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Appeal from Dallas Chancery Court; Bmori O. Mahoney, Chancellor; statement by the court. Appellant, Arkadelphia Dumber Company, sued appellee, John W. Mann, in replevin in the circuit court of Dallas County for possession of 10,000 oak staves, of the value of $200, alleged to have been cut by Mann from land belonging to W. Burres Head and others, who had sold the timber to the lumber company. The defendant filed his answer and cross-complaint, in which he denied the lumber company’s alleged ownership of the staves, and alleged that said Head and the other owners of said land had entered into…

1Opinion of the Court

McCulloch, J.,

(after stating the facts.) All the owners of the land against whom a decree for specific performance of the contract of sale was sought were necessary parties to the suit. The relief could not be granted against one of the owners only, though he was agent and attorney in fact for the others. Such a decree has no binding force against the other owners. An agent, though properly authorized by his principals to execute a deed of conveyance, can not be compelled by a court of equity to execute a conveyance in specific performance of a contract to convey. The legal title being in the…

2Cases cited2 opinions

  1. Kiernan v. BlackwellSupreme Court of Arkansas · 1871
  2. Aiken v. GillSupreme Court of Arkansas · 1861

3Cited by2 opinions

  1. Lockhart v. FerreyOregon Supreme Court · 1911
  2. Sproull v. MilesSupreme Court of Arkansas · 1907

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