Newton v. Warren Vehicle Stock Co.
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; Zaohariah T. Wood, Chancellor; Appellant’s right to prevail in this suit depends upon the construction given to the “expeditious clause” of the deed. That clause was construed in Earle v. Harris, 99 Ark. 112, in favor of appellant’s contention. The evidence fails to disclose any reasonable excuse for the failure to remove the timber.
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Appeal from Bradley Chancery Court; Zaohariah T. Wood, Chancellor; Appellant’s right to prevail in this suit depends upon the construction given to the “expeditious clause” of the deed. That clause was construed in Earle v. Harris, 99 Ark. 112, in favor of appellant’s contention. The evidence fails to disclose any reasonable excuse for the failure to remove the timber. No act of God is shown, nor that of a public enemy, to excuse the failure;' and the showing by their witnesses that if they had worked as expeditiously as possible they could have removed the timber, but that it would have been…
1Opinion of the CourtSmith, J.
On August 4, 1906, appellee Warren Vehicle Stock Company purchased from one Mrs. Heath the timber on 400 acres of land owned by her for a consideration of $900 cash. On November 7, 1912, Mrs. Heath conveyed the timber on the same lands to appellant, and this litigation involves the title to that timber.
The deed to appellee, Warren Vehicle 'Stock Company, appears to have been what is called an “Expeditious Timber Deed. ’ ’ This deed contained the following stipulation:
£ £ The party of the second part shall cut and remove said timber as expeditiously as possible, and it is agreed that unless it…
2Cases cited3 opinions
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Yelvington v. ShortSupreme Court of Arkansas · 1914
3Cited by9 opinions
- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- Louis Werner Sawmill Co. v. SessomsSupreme Court of Arkansas · 1915
- Burbridge v. Arkansas Lumber Co.Supreme Court of Arkansas · 1915
- Hampton Stave Co. v. ElliottSupreme Court of Arkansas · 1916
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