Liston v. Chapman & Dewey Land Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; statement by ti-ie court. This is a suit by appellants against appellee to quiet title to a tract of land in Mississippi County, and to restrain appellee from removing timber from such land. Appellants and appellee claim from a common source of title. The heirs of Jacob Corbett were originally the owners of the land.
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; statement by ti-ie court. This is a suit by appellants against appellee to quiet title to a tract of land in Mississippi County, and to restrain appellee from removing timber from such land. Appellants and appellee claim from a common source of title. The heirs of Jacob Corbett were originally the owners of the land. In 1898 these heirs conveyed to E. A. Carleton all of the merchantable cottonwood, ash and cypress timber on this land, and in 1900 the same heirs conveyed the land to John T. Davis, subject to the timber…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. Under a deed conveying all the merchantable standing timber of a certain description, which specifies no time for its removal, the grantee has a'reason'ablé time for such removal. Carson v. Lumber Co., 108 Tenn. 681; McRae v. Stillwell, 111 Ga. 65; Hill v. Hill, 113 Mass. 103. An estate in the timber necessarily includes the irrevocable right to enter upon the land for the removal of such timber. 2 Pars. Cont. 534. The weight of authority is, we believe, that, where no time is specified, this right exists only for a reasonable time. See cases cited…
2Cases cited7 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Hill v. HillMassachusetts Supreme Judicial Court · 1873
- Carson v. Lumber Co.Tennessee Supreme Court · 1902
- Manufacturing Co. v. HobbsSupreme Court of North Carolina · 1901
- Kendall v. J. I. Porter Lumber Co.Supreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bodcaw Lumber Co. v. GoodeSupreme Court of Arkansas · 1923
- Baker v. KenneySupreme Court of Iowa · 1910
- Fletcher v. LyonSupreme Court of Arkansas · 1909
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Hendrickson v. LyonsWashington Supreme Court · 1922
24 more not listed; retrieve them via the Exa API.