Bunch v. Pittman
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Thos. C. Trimble, Judge; 1. The sale of the timber by Morgan’s agent was valid. 92 Ark. 213; 90 Id. 301; 83 Id. 202. 2. Defendant was in actual possession of the land when plaintiff purchased and this was notice of his rights; she was not an innocent purchaser. 76 Ark. 27; 82 Id. 455; 101 Id. 163-9; 95 Id. 512-19. It was error to direct a verdict, -as the evidence was sufficient to raise an issue for the jury. 3. The court erred in directing…
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Appeal from Monroe Circuit Court; Thos. C. Trimble, Judge; 1. The sale of the timber by Morgan’s agent was valid. 92 Ark. 213; 90 Id. 301; 83 Id. 202. 2. Defendant was in actual possession of the land when plaintiff purchased and this was notice of his rights; she was not an innocent purchaser. 76 Ark. 27; 82 Id. 455; 101 Id. 163-9; 95 Id. 512-19. It was error to direct a verdict, -as the evidence was sufficient to raise an issue for the jury. 3. The court erred in directing the jury to find for the value of the timber after it was manufactured; only stumpage value .should have been allowed…
1Opinion of the CourtMcCulloch, C. J.
J. M. Morgan owned a tract of timber land consisting of 205.74 acres, situated in Monroe County, Arkansas, a few miles from Brinkley, and on March I, 1913, he sold and conveyed the merchantable timber on the land to the defendant, T. W. Bunch, and on March 4, 1913, he sold and conveyed the land to the plaintiff, Mrs. Pittman. The sale of the timber to defendant was made through Edmonds, who was acting for Morgan, either as agent or broker. Morgan and Mrs. Pittman both lived in Oklahoma, where the sale of land to Mrs. Pittman was negotiated, and when she purchased the lands she had no…
2Cases cited4 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Foreman v. Holloway & SonSupreme Court of Arkansas · 1916
- Cooksey v. HartzellSupreme Court of Arkansas · 1915
3Cited by5 opinions
- Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
- Beene v. GreenSupreme Court of Arkansas · 1917
- Hampton Stave Co. v. ElliottSupreme Court of Arkansas · 1916
- Bailey v. HammondsSupreme Court of Arkansas · 1937
- Barker v. SawyerSupreme Court of Arkansas · 1948