K. C. Lumber Co. v. Moores
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Mississippi; H. C, Niles, Judge. Suit by J. H. Moores against the K. C. Lumber Company. Judgment- for plaintiff, and defendant brings error. This suit was brought by the defendant in error, J. H. Moores, against the K. C. Lumber Company, plaintiff in error, to recover the value of trees cut and removed from a tract of land situated in Jackson county, Miss.
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In Error to the District Court of the United States for the Southern District of Mississippi; H. C, Niles, Judge. Suit by J. H. Moores against the K. C. Lumber Company. Judgment- for plaintiff, and defendant brings error. This suit was brought by the defendant in error, J. H. Moores, against the K. C. Lumber Company, plaintiff in error, to recover the value of trees cut and removed from a tract of land situated in Jackson county, Miss. A jury having been waived by the parties, the cause was submitted to the court upon the following stipulation as to the facts, to wit: “That John W. Smith made…
1Opinion of the CourtMaxey, District Judge
(after stating-the facts as above). It will be observed that Smith made the entry for the land as a homestead July 12, 1899, and that the conveyances of the standing timber by Smith and wife to Grisham, and Grisham to the lumber -company, were executed not only prior tó the date of the issuance of the patent, March 30, 1905, to' Smith, but they also antedated the final certificate, issued to him August 25, 1904. It will be further noted that Moores claims the land direct from Smith, through mesne conveyances, which were executed subsequent to the date of the patent.
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2Cases cited2 opinions
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Hartman v. Butterfield Lumber Co.Supreme Court of the United States · 1905
3Cited by3 opinions
- Phoenix Mutual Life Insurance v. BrainardMontana Supreme Court · 1928
- Hale v. McGrawSupreme Court of Alabama · 1917
- United States v. Whited & Wheless, Ltd.Court of Appeals for the Fifth Circuit · 1916