Lavender v. Finch
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; J. M. Shinn, Judge; The lumber and timber when severed from the soil was personalty and the lumber he purchased from Lavender in good faith and appellee had no lien. 91 Ark. 218; 76 Id. 273'; 136 Ark. 190. The court erred in its instructions. 194 S. W. 95. They are in conflict and irreconcilable. 74 Ark. 437; 76 Id. 224; 88 Id. 550; 95 Id. 377; 104 Id. 67; 110 Id. 197. 1. The court erred in refusing to permit Lavender to testify in…
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Appeal from Cleburne Circuit Court; J. M. Shinn, Judge; The lumber and timber when severed from the soil was personalty and the lumber he purchased from Lavender in good faith and appellee had no lien. 91 Ark. 218; 76 Id. 273'; 136 Ark. 190. The court erred in its instructions. 194 S. W. 95. They are in conflict and irreconcilable. 74 Ark. 437; 76 Id. 224; 88 Id. 550; 95 Id. 377; 104 Id. 67; 110 Id. 197. 1. The court erred in refusing to permit Lavender to testify in explanation of the contract and its apparent ambiguity of consideration. 93 Ark. 191; 128 Id. 73; 90 Id. 426; 99 Id. 223; 129…
1Opinion of the CourtWood, J.
Carl Finch executed a timber deed to M. M. Lavender, conveying to him all the timber except cedar upon 320 acres of land described in the deed situated in Cleburne County, Arkansas. The consideration was $6,000, $1,600 cash and the balance of $4,400 to be paid in semi-monthly payments of $450 beginning from the date when the timber operations on the land were started. Lavender was to have two years from the date of the deed for cutting and removing the timber. The conveyance was subject to a lien on the timber in favor of C. L. Moore for $750. The instrument contains the following provision:
“T…
2Cases cited2 opinions
- Neal v. ConeSupreme Court of Arkansas · 1905
- McComb v. Judsonia State BankSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Farmers Rice Milling Co. v. Hawkins (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1988
- Beebe v. MacMillan Petroleum (Arkansas), Inc. (In Re MacMillan Petroleum (Arkansas), Inc.)United States Bankruptcy Court, W.D. Arkansas · 1990
- Barry v. Shrader Holding Co. (In Re M.P.G., Inc.)United States Bankruptcy Court, W.D. Arkansas · 1998