Legal Opinion

Clevenger v. Blount

Texas Supreme Court

Decided November 24, 1909No. 1988PublishedCited by 7 opinions

Error to the Court of Civil Appeals, Fourth District, in an appeal from Nacogdoches County. Blount sued Clevenger and recovered judgment. It was affirmed on appeal by defendant and he obtained writ of error.

1Opinion of the CourtChief Justice Gaines

This action was brought by E. A. Blount against Joe P. Clevenger ■ to recover damages for the cutting and appropriating of timber upon the land of plaintiff. The plaintiff recovered a judgment for $7,000 —the value of the lumber into which the timber was manufactured.

Clevenger was a sawmill owner and bought .of Blount 829 acres of land. The defense to the action was that if defendant had cut the timber upon plaintiff’s land, which was denied, it was cut under a mistake of fact evidenced by the representation of John S. Doughtie, who acted as agent of the plaintiff in the sale of the land, and…

2Cases cited5 opinions

  1. Murphy v. ClaytonCalifornia Supreme Court · 1896
  2. Mountain Lake Park Ass'n v. ShartzerCourt of Appeals of Maryland · 1896
  3. Western Land Ass'n v. BanksSupreme Court of Minnesota · 1900
  4. Hale v. SkinnerMassachusetts Supreme Judicial Court · 1875
  5. Perkins Lumber Co. v. ThomasSupreme Court of Georgia · 1903

3Cited by7 opinions

  1. Buie v. MillerCourt of Appeals of Texas · 1919
  2. Ware v. PerkinsCourt of Appeals of Texas · 1915
  3. Daugherty v. ManningCourt of Appeals of Texas · 1920
  4. Kenney v. La GroneTexas Supreme Court · 1936
  5. Daugherty v. ManningCourt of Appeals of Texas · 1920

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