Myers v. Rolfe
Supreme Court of Arkansas
Cross Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. The levee district had no power to sell the timber on the lands donated by act of 1893, p. 173. 67 Ark. 413. Express authority is necessary for conveyances by public and quasi-public corporations. 7 Am. & Eng. Enc.
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Cross Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. The levee district had no power to sell the timber on the lands donated by act of 1893, p. 173. 67 Ark. 413. Express authority is necessary for conveyances by public and quasi-public corporations. 7 Am. & Eng. Enc. Law, 747; 4 Tex. 375. The grant of power must be strictly pursued, and acceptance of purchase price will not ratify an unauthorized conveyance. 16 Cal. 591; 18 Id. 590; 21 Id. 351. The opinion in Myers v. Hawkins, 67 Ark. 413, includes a dictum to the effect that the levee district had no' power to sell the timber…
1Opinion of the CourtBunn, C. J.
This is an action in replevin for a number of saw logs, and the question turned upon the ownership of the trees from which the logs were cut. Judgment for plaintiffs, and both parties appealed.
The saw logs in question were cut and taken by the defendants, E. A. Eolfe and C. A. Walker, from the northwest quarter, north half southwest quarter and south half northeast quarter section 32, township 6 north, range 6 east, containing 320 acres more or less. One Peter Jackson, as the agent of the St. Francis levee board, sold the timber on the lands above described to the said E. A. Eolfe, and gave…
2Cited by4 opinions
- Sargent v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1910
- Modern Woodmen of America v. HallIndiana Supreme Court · 1921
- Oliver v. GannSupreme Court of Arkansas · 1931
- Watson v. BarnettSupreme Court of Arkansas · 1935