Earl v. Harris
Supreme Court of Arkansas
Appeal from Perry Circuit Court; F, Guy Fullt, Judge; The court must have based its peremptory instruction upon the provision in the contract that “unless it shall have removed all the same (timber) within five years from the date hereof, it shall be responsible for, and pay to the party of the first part, the full, amount of taxes,” etc., construing this clause as givingappellee the right to hold the land indefinitely after -the expiration of five years simply by paying…
Read the full summary
Appeal from Perry Circuit Court; F, Guy Fullt, Judge; The court must have based its peremptory instruction upon the provision in the contract that “unless it shall have removed all the same (timber) within five years from the date hereof, it shall be responsible for, and pay to the party of the first part, the full, amount of taxes,” etc., construing this clause as givingappellee the right to hold the land indefinitely after -the expiration of five years simply by paying taxes on thé land. But such construction ignores that other requirement of the contract that the timber should be removed…
1Opinion of the CourtFrauenthal, J.
This is a replevin suit to recover a number of crossties which plaintiff below alleged that the defendant had manufactured from timber cut wrongfully from his land. Plaintiff acquired the land from a former owner by a deed executed to him on March 15, 1904. Defendant admitted cutting from -the land the timber from which the ties were made, but claimed the right to do so by virtue of a deed executed to him by said former owner of the land, conveying to him this timber. On January 20, 1903, said former owner of the land, for a valuable consideration, executed to the defendant a deed by which he…
2Cases cited7 opinions
- Fletcher v. LyonSupreme Court of Arkansas · 1909
- Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Vaugine v. TaylorSupreme Court of Arkansas · 1856
- Railway v. WilliamsSupreme Court of Arkansas · 1890
- Hall v. Wellman Lumber Co.Supreme Court of Arkansas · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Doniphan, Kensett & Searcy Railroad v. Missouri & North Arkansas RailroadSupreme Court of Arkansas · 1912
- Louis Werner Sawmill Co. v. SessomsSupreme Court of Arkansas · 1915
- Burbridge v. Arkansas Lumber Co.Supreme Court of Arkansas · 1915
- Newton v. Warren Vehicle Stock Co.Supreme Court of Arkansas · 1915
18 more not listed; retrieve them via the Exa API.