Broderick v. McRae Box Co.
Supreme Court of Arkansas
Appeal from White Chancery Court; J. E. Martmeau, Chancellor; STATEMENT OF FACTS. Thos. E. Broderick brought this suit in equity against the McRae Box Company, Jim_K. Hale, E. T. Hall and S. M.'Hall, to restrain them from cutting and removing timber from the 80 acres of land described in the complaint and, also, to account to him for the value of the timber already cut. E. T. and S. M. Hall filed a separate answer to the complaint.
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Appeal from White Chancery Court; J. E. Martmeau, Chancellor; STATEMENT OF FACTS. Thos. E. Broderick brought this suit in equity against the McRae Box Company, Jim_K. Hale, E. T. Hall and S. M.'Hall, to restrain them from cutting and removing timber from the 80 acres of land described in the complaint and, also, to account to him for the value of the timber already cut. E. T. and S. M. Hall filed a separate answer to the complaint. They stated that they had sold the land described in the plaintiff’s complaint to the plaintiff and that the gum timber on the land was excepted by them from the…
1Opinion of the Court
HART, J.,
(after stating the facts). We think that the court erred in dismissing the complaint of the plaintiff so far as the defendants, E. T. and S. M. Hall, are concerned. It is settled in this State that growing trees or standing timber are part of the realty, and that consequently a contract for the sale thereof is within the statute of frauds and must be evidenced by. a deed or other instrument in writing. Graysonia-Nashville Lumber Co. v. Saline Development Co., 118 Ark. 192; King-Ryder Lumber Co. v. Scott, 73 Ark. 329, and Kendall v. J. I. Porter, 69 Ark. 442.
It has been frequently…
2Cases cited9 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Gailey v. RickettsSupreme Court of Arkansas · 1916
- Kimbro v. WellsSupreme Court of Arkansas · 1914
- Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
- Hardage v. DurrettSupreme Court of Arkansas · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nelson v. Forbes & SonsSupreme Court of Arkansas · 1924
- Barfield Mercantile Co. v. ConnerySupreme Court of Arkansas · 1921
- Shubert v. LacySupreme Court of Alabama · 1952
- Thackston v. Farm Bureau Lumber CorporationSupreme Court of Arkansas · 1947
- Millman Lumber Co. v. BryantSupreme Court of Arkansas · 1948
5 more not listed; retrieve them via the Exa API.