Hampton Stave Co. v. Elliott
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; STATEMENT by the court. This controversy arose over the right to cut timber from certain lands in Cleveland County. Appellant brought suit, claiming to be the owner of the white and cow oak on the lands, suitable for stave bolts, and prayed an injunction against the defendant' to prevent his further cutting timber therefrom.
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Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; STATEMENT by the court. This controversy arose over the right to cut timber from certain lands in Cleveland County. Appellant brought suit, claiming to be the owner of the white and cow oak on the lands, suitable for stave bolts, and prayed an injunction against the defendant' to prevent his further cutting timber therefrom. The defendant answered, denying the ownership of plaintiff of the timber, and alleged that he was the owner thereof, having purchased the land; prayed judgment against the plaintiff for the value of timber…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the clause in its deed to McCartney reserving the oak timber upon the lands conveyed, with the right to remove same, was in effect an exception thereof from the grant entitling it to remove said timber at any time thereafter. There was no time fixed for the removal of the timber nor any testimony showing the intention of the' parties in that regard, except the stave company’s president’s statement of its policy of preserving’ its timber on its own lands as long as possible and supplying it for the operation of its plant only when…
2Cases cited6 opinions
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Hall v. Wellman Lumber Co.Supreme Court of Arkansas · 1906
- Burbridge v. Arkansas Lumber Co.Supreme Court of Arkansas · 1915
- Newton v. Warren Vehicle Stock Co.Supreme Court of Arkansas · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Oliphant v. OliphantSupreme Court of Arkansas · 1928
- Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
- Lawless v. Caddo River Lumber Co.Supreme Court of Arkansas · 1920
- Orr v. Southern Lumber CompanySupreme Court of Arkansas · 1926
- Southern Lumber Co. v. HamptonSupreme Court of Arkansas · 1924