Beene v. Green
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Charles W. Smith, Judge; 1. There was a forfeiture on the part of Green to his right to cut the timber within a reasonable time after the date of reservation. 77 Ark. 116; 111 Id. 253; 69 S. W. 320; 91 Id. 53; 46 S. E. 26; 43 S. W. 733; 83 Am.
Read the full summary
Appeal from Columbia Circuit Court; Charles W. Smith, Judge; 1. There was a forfeiture on the part of Green to his right to cut the timber within a reasonable time after the date of reservation. 77 Ark. 116; 111 Id. 253; 69 S. W. 320; 91 Id. 53; 46 S. E. 26; 43 S. W. 733; 83 Am. St. 661; 55' L. R. A. 513. 2. There was no waiver of the forfeiture by Beene or any one else who held title. 69 L. R. A. 833; 43 C. C. A. 278; 48 Ark. 445; 72 Id. 529; 40 Cyc. 269; 13 Enc. of Ev. 1020; 40 Cyc. 261-2. 3. There is error in amending the first instruction asked by plaintiff. The question of a reasonable…
1Opinion of the CourtHumphreys, J.
The appellant, R. O. Beene, brought suit in replevin against W. D. Green, appellee, in the Columbia circuit court on the 9th day of September, 1915, to recover a lot of pine timber severed by appellee from the following described real estate, to-wit: N. W.M, N.W.14 Sec. 36, Tp. 19 S., R. 22 W., in Columbia county, Arkansas.
Appellant claimed title to said timber by virtue of a warranty deed executed by R. W. Jones and Maud Jones, his wife, to him dated March 20, 1912, describing said real estate. R. W. Jones had obtained his title to said real estate in the year 1905 from Mrs. Effie P. Jordan…
2Cases cited2 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Bunch v. PittmanSupreme Court of Arkansas · 1916
3Cited by9 opinions
- Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
- Burt v. Road Improvement District No. 11Supreme Court of Arkansas · 1923
- Ozan-Graysonia Lumber Company v. SwearingenSupreme Court of Arkansas · 1925
- Vanhoozer v. GattisSupreme Court of Arkansas · 1919
- Young v. CowanSupreme Court of Arkansas · 1918
4 more not listed; retrieve them via the Exa API.