Haggart v. Chapman & Dewey Land Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; statement BY THE COURT. Appellants, Haggart & McMasters, brought this suit in equity to restrain appellee, Chapman & Dewey Land Company, ■from cutting timber on a tract of land owned- by appellants. They deraign title to the land from the State of Arkansas through a patent issued to H. R. Allen, and show a perfect chain of title.
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; statement BY THE COURT. Appellants, Haggart & McMasters, brought this suit in equity to restrain appellee, Chapman & Dewey Land Company, ■from cutting timber on a tract of land owned- by appellants. They deraign title to the land from the State of Arkansas through a patent issued to H. R. Allen, and show a perfect chain of title. It is alleged in the complaint that the defendánt claims to be the owner of the timber on the land under a bill of sale from W. H. Grider and his wife, Sue M. Grider, and is about to cut and…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) This case, so far as it applies to Chapman & Dewey Land Company, is controlled by Myers v. Hawkins, 67 Ark. 413. It is neither alleged nor proved that cutting of the timber would result in irreparable injury to the land, or that said defendant was insolvent.
On the other branch of the case, the plaintiffs seek to cancel, as a cloud on their title, a former decree of the chancery court adjudging the land to Mrs. Grider, rendered in a suit between strangers to the title — -a suit in which neither the plaintiffs nor any privy to their title was a party.…
2Cases cited10 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Ward v. . DeweyNew York Court of Appeals · 1858
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nielson v. BentonAlaska Supreme Court · 1995
- DuFresne v. PaulSupreme Court of Arkansas · 1920
- Hall v. Wellman Lumber Co.Supreme Court of Arkansas · 1906
- Burnside v. Union Sawmill Co.Supreme Court of Arkansas · 1909
- Beardsley v. HillSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.