Lawless v. Caddo River Lumber Co.
Supreme Court of Arkansas
Appeal from Pike Chancery Court; James D. Shaver, Chancellor; The deeds here are such as are commonly known as “expeditious deeds,” and the court erred in its findings and decree as to the time of removal of the timber and its value. 99 Ark. 112; 1 Devlin on Real Estate, p. 259, § 176; 189 S. W. 654; 178 Id. 304; 189 Id. 654; Ih. 185. A' proper construction of these expeditious deeds entitles appellants to a reversal and a modification as to the price of the timber cut.
Read the full summary
Appeal from Pike Chancery Court; James D. Shaver, Chancellor; The deeds here are such as are commonly known as “expeditious deeds,” and the court erred in its findings and decree as to the time of removal of the timber and its value. 99 Ark. 112; 1 Devlin on Real Estate, p. 259, § 176; 189 S. W. 654; 178 Id. 304; 189 Id. 654; Ih. 185. A' proper construction of these expeditious deeds entitles appellants to a reversal and a modification as to the price of the timber cut. Under the principles announced in 99 Ark. 112 and subsequent cases, appellee did not have twelve years to-cut and remove the…
1Opinion of the CourtSmith, J.
Two cases were consolidated and tried together and have been brought here on one appeal, and the issues are so substantially identical that the facts may be stated as if only one case was involved.
On February 15, 1909, appellants, J. Z. and J. H. Lawless, executed to appellee, Caddo River Lumber Company, timber deeds to “all the pine timber over twelve inches in diameter ’ ’ on certain lands there described. The deeds employed were printed timber deeds containing the clause concerning the expeditious cutting of the timber which has been construed by this court in a number of recent cases.…
2Cases cited8 opinions
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Louis Werner Sawmill Co. v. SessomsSupreme Court of Arkansas · 1915
- Polzin v. BeeneSupreme Court of Arkansas · 1916
- Burbridge v. Arkansas Lumber Co.Supreme Court of Arkansas · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Marshall v. MarshallSupreme Court of Arkansas · 1957
- Mothner v. Ozark Real Estate Co.Court of Appeals for the Eighth Circuit · 1962
- Buford v. DearingSupreme Court of Arkansas · 1973
- First National Bank v. Worthen Bank & Trust Co.Court of Appeals of Arkansas · 1980
- Mothner v. Ozark Real Estate CompanyCourt of Appeals for the Eighth Circuit · 1962