Conway v. Coursey
Supreme Court of Arkansas
Appeal from Cbicot Circuit Court; J. B. Yerger, Special Judge; STATEMENT BY THE COURT. Appellant, Francis H. Conway, filed a replevin suit before a justice of tbe peace, for tbe possession of one lot of saw logs on tbe yard at Indian Station, Cbicot County, Arkansas, worth $295. He filed a replevin bond and obtained an orcler of delivery and took possession of tbe logs under it.
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Appeal from Cbicot Circuit Court; J. B. Yerger, Special Judge; STATEMENT BY THE COURT. Appellant, Francis H. Conway, filed a replevin suit before a justice of tbe peace, for tbe possession of one lot of saw logs on tbe yard at Indian Station, Cbicot County, Arkansas, worth $295. He filed a replevin bond and obtained an orcler of delivery and took possession of tbe logs under it. Judgment was rendered in bis favor at tbe trial by tbe justice of .the peace and an appeal was taken by tbe appellee to tbe circuit court, and in tbe trial there the evidence was substantially as follows: Appellant…
1Opinion of the Court
Smith, J.,
(after stating the facts). The court erred in giving the instructions set out for two reasons. In the first place, there was no evidence to submit to the jury that appellant ratified or confirmed the written lease introduced in the evidence. There was no evidence that appellant had any knowledge of it until after the timber had been cut and removed. And in the second place, the evidence was undisputed that appellant never at any time sold the timber nor authorized its sale. Indeed, the lease offered in evidence, and under which appellee claimed, is not a sale of the timber and does…
2Cases cited3 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Neal v. BrandonSupreme Court of Arkansas · 1902
- Reichardt v. HoweSupreme Court of Arkansas · 1909
3Cited by5 opinions
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- Lancaster v. CaseSupreme Court of Arkansas · 1917