Carter v. Clark & Boice Lumber Co.
Court of Appeals of Texas
Appeal from District Court, Cass County; P. A. Turner, Judge. Action by L. X. B. Carter against the Clark & Boice Lumber Company. From the judgment, plaintiff appeals. Appellant sued for the value of certain timber cut and removed from his land by the appellee company in the months of October and November, 1909, and for $100 damages to his growing crop and premises, occurring through and by the cutting and removal of the timber.
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Appeal from District Court, Cass County; P. A. Turner, Judge. Action by L. X. B. Carter against the Clark & Boice Lumber Company. From the judgment, plaintiff appeals. Appellant sued for the value of certain timber cut and removed from his land by the appellee company in the months of October and November, 1909, and for $100 damages to his growing crop and premises, occurring through and by the cutting and removal of the timber. The appellee answered by denial, and that it was the owner of the timber by written conveyance. The trial was to the court without a jury, and judgment entered for…
1Opinion of the CourtLevx, J.
(after stating the facts as above). [1, 2] Appellee admits cutting and removing the timber, of the value of $300, from the premises, and over appellant’s protest, after the expiration of six years from the conveyance of April 11, 1903. He claims the absolute title under the conveyance mentioned to all of the timber of the dimension set forth in the instrument, and that the timber cut and removed was only such, which is admitted, as is described in the instrument. As stated in the court’s conclusion of law, he construed the conveyance in suit as intending to pass the title to the Lumber…
2Cases cited2 opinions
- Lodwick Lumber Co. v. TaylorTexas Supreme Court · 1906
- Montgomery County Development Co. v. Miller-Vidor Lumber Co.Court of Appeals of Texas · 1911
3Cited by28 opinions
- Houston Oil Co. of Texas v. BoykinTexas Supreme Court · 1918
- Texas Creosoting Co. v. Hartburg Lumber Co.Texas Commission of Appeals · 1929
- Philip A. Ryan Lumber Co. v. BallCourt of Appeals of Texas · 1915
- Smith v. Jasper County Lumber Co.Texas Supreme Court · 1934
- Martin v. Southern Pine Lumber Co.Texas Commission of Appeals · 1926
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