Brock v. Smith
Supreme Court of Arkansas
Appeal from the Circuit Court of Desha county. The Hon. J. C. Murray, Circuit Judge, presiding. Every question presented in this ■case is determined by the decision made in the case of Floyd vs. Ricks, at the last term. The question is not changed by the fact thatthe wood had been cut before Brock purchased the land. The doctrine of accession ■does not apply.
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Appeal from the Circuit Court of Desha county. The Hon. J. C. Murray, Circuit Judge, presiding. Every question presented in this ■case is determined by the decision made in the case of Floyd vs. Ricks, at the last term. The question is not changed by the fact thatthe wood had been cut before Brock purchased the land. The doctrine of accession ■does not apply. The law will not allow a man to acquire title -to property upon the principle of accession if he take the property wilfully as a trespasser. 2 Kent. Com. 363. Betts Church vs. Lee, 5 John. R. 348. Smith acquired no title to the wood by…
1Opinion of the CourtChief Justice Watkins
The appellant, Brock, who was the plaintiff below, sued the defendant in trespass for breaking and entering his close, and taking therefrom a quantity of cord-wood; to which the defendant pleaded not guilty.
The facts proven, as shown by the bill of exceptions, were, that in the year 1849, the defendant cut fifly cords of wood on the land mentioned in the declaration, while the same was public land belonging to the United States. In the month of June, 1850, the plaintiff entered, or purchased the land in question from the United States, and it became his private property; but the only…
2Cases cited3 opinions
- Mooers v. WaitNew York Supreme Court · 1829
- Ledbetter v. FitzgeraldSupreme Court of Arkansas · 1839
- Pelham v. WilsonSupreme Court of Arkansas · 1842
3Cited by4 opinions
- Kearbey v. DouglasSupreme Court of Arkansas · 1949
- Hinkle v. HinkleIndiana Supreme Court · 1879
- Jewett v. DringerSupreme Court of New Jersey · 1878
- Stuckey v. Bank of TrumannSupreme Court of Arkansas · 1970