Anderson-Tully Co. v. Gillett Lumber Co.
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Judge; . 1. The court erred in its ruling upon the demurrer and in holding that under act No. 146, Acts 1905, the sale of the timber was in effect a severance of it from the soil and that it became personal property and that specific performance would not lie.
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Appeal from Arkansas Chancery Court; John M. Elliott, Judge; . 1. The court erred in its ruling upon the demurrer and in holding that under act No. 146, Acts 1905, the sale of the timber was in effect a severance of it from the soil and that it became personal property and that specific performance would not lie. Standing timber is a part of the realty and so remains until actually severed from the soil. 14 Ark. 431; 73 Id. 331; 69 Id. 442; .57 Id. 340. Since the passage of said act 146 this court holds that timber is part of the soil until severed. 109 Ark. 223-230; 118 Id. 192. See also 77…
1Opinion of the CourtSmith, J.
Appellant, hereafter referred to as plaintiff, filed a complaint against appellee, hereafter referred to as defendant, containing the following allegations: That both plaintiff and defendant are corporations. That on or about August 13, 1919, defendant was the owner of Spanish Grants 2358 and 2406, in Arkansas County, Arkansas, and that on or about that date defendant, by letters and telegrams, sold plaintiff all the merchantable timber standing on said lands, except the pecan and hackberry, for the price and sum of $6,000. That defendant had refused to. perform said contract, and was…
2Cases cited4 opinions
- Bryant Timber Co. v. WilsonSupreme Court of North Carolina · 1909
- Griffith v. Ayer-Lord Tie Co.Supreme Court of Arkansas · 1913
- Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
- Omaha Lumber Co. v. Co-operative Investment Co.Supreme Court of Colorado · 1913
3Cited by2 opinions
- Anderson-Tully Co. v. Gillett Lumber Co.Supreme Court of Arkansas · 1922
- Lewis v. Delinquent LandsSupreme Court of Arkansas · 1930