Davis v. Martin Stave Co.
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; James M. Barker, Chancellor; STATEMENT. BY THE COURT. J. L. Davis brought this suit against the Martin Stave Company to recover the sum of three hundred dollars, the value of a quantity of red oak timber which he alleges was wrongfully cut from his lands by the Martin Stave Company.
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Appeal from Columbia Chancery Court; James M. Barker, Chancellor; STATEMENT. BY THE COURT. J. L. Davis brought this suit against the Martin Stave Company to recover the sum of three hundred dollars, the value of a quantity of red oak timber which he alleges was wrongfully cut from his lands by the Martin Stave Company. In its answer the Martin Stave Company admitted that the plaintiff was the owner of the lands from which the timber was cut, but denied that it wrongfully cut the timber therefrom. The defendant also alleged that it was the owner of all the red oak timber cut by it under a…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for the defendant seeks to uphold the decree on the authority of Hearin v. Union Sawmill Company, 105 Ark. 455; but we do not think that case is an authority for him. There the deed conveyed “all the pine and oak timber ten inches and up.” It was contended by the seller that this did not embrace the old field pine which was on the land. Among the reasons given was, that at the time the timber deed was executed it was not profitable to cut old field pine. We held that the language of the deed aptly included every kind of pine on the land. There the…
2Cases cited3 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
- Hearin v. Union Sawmill Co.Supreme Court of Arkansas · 1912
3Cited by6 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Carnahan v. Terrall Bros.Supreme Court of Arkansas · 1919
- Venturi, Inc. v. AdkissonSupreme Court of Arkansas · 1977
- C. & A. Construction Co. v. Benning Construction Co.Supreme Court of Arkansas · 1974
- C. & A. Construction Co. v. Benning Construction Co.Supreme Court of Arkansas · 1974
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