Henry Quellmalz Lumber & Manufacturing Co. v. Roche
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western Dis- • trict; Archer Wheatley, Chancellor; STATEMENT OE PACTS. This is a suit for partition brought in equity by Henry Quellmalz Lumber & Mfg. Co. against Thos. J. Roche, T. E. Day and Ed. Cleveland. The material facts are as follows: Henry Quellmalz Lumber & Mfg. Co. and Thos. J. Roche were tenants in common of certain timber lands in Clay County, Arkansas, each owning an undivided one-half interest therein. Thos.
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Appeal from Clay Chancery Court, Western Dis- • trict; Archer Wheatley, Chancellor; STATEMENT OE PACTS. This is a suit for partition brought in equity by Henry Quellmalz Lumber & Mfg. Co. against Thos. J. Roche, T. E. Day and Ed. Cleveland. The material facts are as follows: Henry Quellmalz Lumber & Mfg. Co. and Thos. J. Roche were tenants in common of certain timber lands in Clay County, Arkansas, each owning an undivided one-half interest therein. Thos. J. Roche conveyed by deed the timber on his undivided one-half interest in the lands and in the timber deed gave Day a stated time within…
1Opinion of the CourtHart, J.
(after stating the facts). It appears from the record that the plaintiff and Thos. J. Roche were tenants in common of a tract of timber land and that Roche conveyed his interest in the timber to the defendant Day. The plaintiff brought suit for partition and made both Day and Roche defendants.
The court called the case for trial before the twenty days under the statute required of Roche to answer had elapsed. This was error. It is generally provided by statutes governing procedure in partition suits that all parties having or claiming any interest in the land are not only proper but necessary…
2Cases cited4 opinions
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
- King-Ryder Lumber Co. v. ScottSupreme Court of Arkansas · 1904
- Waldron v. TaenzerSupreme Court of Arkansas · 1906
3Cited by8 opinions
- Baker-Matthews Lumber Company v. Bank of LepantoSupreme Court of Arkansas · 1926
- Dillard v. WadeCourt of Appeals of Arkansas · 2001
- United States v. 3,035.73 Acres of Land, More or Less Situated in Monroe County, State of Arkansas, and S. Norris Broadhead, Personally as Co-Executor of the Sam Broadhead Estate and as Trustee for Sam Broadhead Trust, Paul E. Broadhead A/K/A Paul Elzie Broadhead, Personally as Co-Executor of the Sam Broadhead Estate as Trustee for the Sam Broadhead Trust and as Trustee for the Paul E. Broadhead Trust, Martha P. Broadhead, Sherry Broadhead, C. Dennis Goldman A/K/A Dennis Goldman as Trustee for Paul E. Broadhead Trust, and Unknown Owners v. Tupelo Timber, Inc.Court of Appeals for the Eighth Circuit · 1981
- Corner, Inc. v. StateSupreme Court of Arkansas · 1975
- United States v. 3,035.73 Acres of LandCourt of Appeals for the Eighth Circuit · 1981
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