Brown & Hackney v. Daubs
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; STATEMENT OE EAOTS. W. H. Daubs sued Brown & Hackney, Incorporated, to recover the possession or the value of certain saw logs mentioned in the complaint. The defendant filed an answer denying that the plaintiff owned the logs, and also filed a bond to retain possession of them.
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Appeal from Dallas Circuit Court; Turner Butler, Judge; STATEMENT OE EAOTS. W. H. Daubs sued Brown & Hackney, Incorporated, to recover the possession or the value of certain saw logs mentioned in the complaint. The defendant filed an answer denying that the plaintiff owned the logs, and also filed a bond to retain possession of them. The material facts are ns follows: W. H. Daubs was the owner of about 1,000 acres of timber lands situated in, Cleveland and Dallas counties in the State of Arkansas. In July, 1917, he made a contract in writing for the sale of the timber on these lands to Brown…
1Opinion of the Court
HART, J.,
(after stating the facts). The court was of the opinion that the timber deed was ambiguous and permitted the plaintiff to testify that he sold the defendant the oak and gum timber on all the lands mentioned in the deed, which was 20 inches and over in diameter 12 feet from the stump, and did not sell on any land the oak and gum timber under 20 inches in diameter 12 feet from the stump.
On the other hand, the defendant claims that he bought all the gum and oak timber on the northeast quarter of said section 35 both over and under 20 inches in diameter. The court also embodied the…
2Cases cited8 opinions
- Wood v. KelseySupreme Court of Arkansas · 1909
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Randleman v. TaylorSupreme Court of Arkansas · 1910
- Hammond v. Capital City Mutual Fire InsuranceWisconsin Supreme Court · 1912
- Jones v. LewisSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- C. & A. Construction Co. v. Benning Construction Co.Supreme Court of Arkansas · 1974
- Clear Creek Oil & Gas Co. v. BushmaierSupreme Court of Arkansas · 1924
- Federal Mortgage Co. v. State Nat. Bank of CorsicanaCourt of Appeals of Texas · 1923
- Stoops v. Bank of BrinkleySupreme Court of Arkansas · 1920
- Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
12 more not listed; retrieve them via the Exa API.