Harris v. Terhune
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James 8. Steel, Judge; 1. Under the terms of the contract, appellant had the right to remove, within a reasonable time, the timber severed from the soil. '89 Ark. 361; 91 Id. 291. Tire word removal in a timber contract means a severance from the soil. Cases supra.
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Appeal from Sevier Circuit Court; James 8. Steel, Judge; 1. Under the terms of the contract, appellant had the right to remove, within a reasonable time, the timber severed from the soil. '89 Ark. 361; 91 Id. 291. Tire word removal in a timber contract means a severance from the soil. Cases supra. Construing the contract in the light of these decisions, it is evident that the intention of the parties that appellant should become the owner of all timber severed from the soil by January 1, 1920, and have a reasonable time thereafter to haul away any logs then remaining on the land, and the…
1Opinion of the CourtMcCulloch, C. J.
Appellee, who was the plaintiff below, owns a small tract of land in Sevier County, and on October 5, 1918, he sold and conveyed to appellant the pine timber on said tract of land and executed to appellant a contract or conveyance, in writing, which, after reciting the consideration and describing the tract of land and timber thereon, contained the following clause:
“The said second parties shall have till January 1, 1920, to remove said timber. And said second parties agree to commence cutting the timber at the north end of said land and to remove all of their said timber clean as they go.…
2Cases cited2 opinions
- Indiana & Arkansas Lumber & Manufacturing Co. v. EldridgeSupreme Court of Arkansas · 1909
- Inland Construction Co. v. RectorSupreme Court of Arkansas · 1918
3Cited by1 opinion
- Talbot-Boyd Lumber Company v. MullinsSupreme Court of Arkansas · 1946