Polzin v. Beene
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; James M. Barker, Chancellor; STATEMENT BY THE COURT R. O. Beene, Y. D. Sanders, E. C. Wynne, et al. Mrs. M. A. Tomlin, et al., instituted separate suits in the chancery court against Fred Polzin to cancel and set aside certain timber deeds executed to him. Beene and Sanders each deraigned title by mesne conveyances from T. S. M. Jordan.
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Appeal from Columbia Chancery Court; James M. Barker, Chancellor; STATEMENT BY THE COURT R. O. Beene, Y. D. Sanders, E. C. Wynne, et al. Mrs. M. A. Tomlin, et al., instituted separate suits in the chancery court against Fred Polzin to cancel and set aside certain timber deeds executed to him. Beene and Sanders each deraigned title by mesne conveyances from T. S. M. Jordan. The immediate deed to Beene was from Henry Stevens and was executed on January 18, 1912. One of the deeds to Sanders was executed on the 29th day of March, 1909, and the other on the 19th day of November, 1912. On March 5,…
1Opinion of the CourtHart, J.
(after stating the facts).(1) It is first contended by counsel for defendant that if Polzin did not proceed as expeditiously as possible to remove the timber from the Beene and Sanders lands within the meaning .of the deeds, that Beene and Sanders have waived the forfeiture of their right to enter upon the lands and cut and remove the timber. That Beene and Sanders recognized the right of Polzin to have a reasonable time after they purchased the land to cut and remove the timber. If this be true it does not mean that Polzin would have the balance of the 25 years after that to cut and remove…
2Cases cited2 opinions
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Louis Werner Sawmill Co. v. SessomsSupreme Court of Arkansas · 1915
3Cited by10 opinions
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- Crookham & Vessels, Inc. v. Larry Moyer Trucking, Inc.Court of Appeals of Arkansas · 1985
- Smith v. Olin Industries, Inc.Supreme Court of Arkansas · 1955
- Ozan-Graysonia Lumber Company v. SwearingenSupreme Court of Arkansas · 1925
- Lawless v. Caddo River Lumber Co.Supreme Court of Arkansas · 1920
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