Garden City Stave & Heading Co. v. Sims
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; Jno. M. Elliott, Judge; STATEMENT BY THE COURT. This is a suit by appellee to restrain appellant from removing timber from a tract of land in Monroe County, described in the complaint. Appellant and appellee claim from a common source of title.
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Appeal from Monroe Chancery Court; Jno. M. Elliott, Judge; STATEMENT BY THE COURT. This is a suit by appellee to restrain appellant from removing timber from a tract of land in Monroe County, described in the complaint. Appellant and appellee claim from a common source of title. On the 9th day of August, 1899, William Montgomery, by warranty deed, conveyed to appellant the timber of all kinds on the land mentioned in the complaint. 'The deed was duly acknowledged and filed for record on the 10th day of August, 1899. On the 16th day of January, 1901, the said William Montgomery conveyed said…
1Opinion of the Court
Hart, J.,
(after stating the facts.) In the case of Liston v. Chapman & Dewey Land Company, 77 Ark. 116, it was held that “in the absence of something in the instrument itself, or in the proof aliunde, showing a contrary intention, a deed to standing merchantable timber which specifies no- time for its removal qonveys a terminable estate in the timber, which ends when a reasonable time for the removal of such timber, after the execution of the deed, has expired.” In that case, the court said: “What is a reasonable time is generally a mixed question of law and fact. The facts are ,to be…
2Cases cited1 opinion
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
3Cited by9 opinions
- Baker v. KenneySupreme Court of Iowa · 1910
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- United States v. WheelerDistrict Court, W.D. Arkansas · 1958
- Cummer Co. v. YagerSupreme Court of Florida · 1918
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