Stotts v. Brookfield
Supreme Court of Arkansas
APPEAL from Poinsett Circuit Court. J. E. Riddick, Judge. Brookfield sued Stotts in replevin to recover four thousand cross-ties. The land from which they were cut was wild and uncultivated, and had previously belonged to W. L. Hughes. In 1885 Lemuel McGuire obtained a decree against Hughes for the recovery of the sum of $240, which was declared a lien upon the land for its purchase money.
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APPEAL from Poinsett Circuit Court. J. E. Riddick, Judge. Brookfield sued Stotts in replevin to recover four thousand cross-ties. The land from which they were cut was wild and uncultivated, and had previously belonged to W. L. Hughes. In 1885 Lemuel McGuire obtained a decree against Hughes for the recovery of the sum of $240, which was declared a lien upon the land for its purchase money. Under the decree the commissioner sold the land to McGuire for $84. The sale was never confirmed, and Hughes redeemed the land by paying the amount bid at the sale, together with the penalty and costs. On…
1Opinion of the CourtCockrill, C. J.
The appellant assigns two errors for the ¡reversal of the judgment and suggests no other question :
First—That the plaintiff has shown no title to the land from which the cross-ties in suit were cut.
Second—That in no event should the recovery be for anything except the stump value of the timber.
1. chancery sale must be confirmed. First as to the title: The decree in the case of McGuire v. Hughes, which was put in evidence, awards to the plaintiff ■a specific sum of money to be recovered of the defendant, declares the amount a lien on the land in dispute, and directs that' it be sold by a…
2Cases cited1 opinion
- Beatty v. BrownSupreme Court of Alabama · 1884
3Cited by6 opinions
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Liberty Bell Gold Mining Co. v. Smuggler-Union Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Brasch v. MumeySupreme Court of Arkansas · 1911
- Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
- Nash v. Delinquent LandsSupreme Court of Arkansas · 1914
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