Hall v. Wellman Lumber Co.
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. JJlliott, Judge; statement by the court. The Wellman Lumber Company brought this suit in equity to restrain the defendants, Joseph Hall and J. N. Albright, from cutting and removing the cypress timber owned by plaintiff from certain lands in Jefferson County. The lands were formerly owned by Abraham Rhea, J. S. Anderson and Leonidas Bills; and W. H. Langford is the owner thereof under mesne conveyances from those parties.
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Appeal from Jefferson Chancery Court; John M. JJlliott, Judge; statement by the court. The Wellman Lumber Company brought this suit in equity to restrain the defendants, Joseph Hall and J. N. Albright, from cutting and removing the cypress timber owned by plaintiff from certain lands in Jefferson County. The lands were formerly owned by Abraham Rhea, J. S. Anderson and Leonidas Bills; and W. H. Langford is the owner thereof under mesne conveyances from those parties. Plaintiff claims title to the timber under a conveyance from Langford. Defendants claim the right to cut the timber under a…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. It has been held by this court in a number of cases that equity will not grant relief by injunction against the cutting of timber unless it be shown that an irreparable injury to the property will result, that the destruction of the timber will render the freehold less susceptible of enjoyment, or the acts of trespass are of a nature to constitute a nuisance, or unless it is obvious that the defendant is insolvent, and can not be compelled to respond in damages. Ellsworth v. Hale, 33 Ark. 637; Myers v. Hawkins, 67 Ark. 413; Western Tie & Timber Co.…
2Cases cited4 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Myers v. HawkinsSupreme Court of Arkansas · 1900
- Haggart v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1906
- Western Tie & Timber Co. v. Newport Land Co.Supreme Court of Arkansas · 1905
3Cited by10 opinions
- Fletcher v. LyonSupreme Court of Arkansas · 1909
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Little Red River Levee District No. 2 v. ThomasSupreme Court of Arkansas · 1922
- Sanders v. BooneSupreme Court of Arkansas · 1922
- Dunn v. ForresterSupreme Court of Arkansas · 1930
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