Abbott v. Parker
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an action of trespass brought by H. D. Parker against J. R. Abbott to recover damages for tearing down and removing an ice house on a certain town lot of which the plaintiff claimed to be the owner.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an action of trespass brought by H. D. Parker against J. R. Abbott to recover damages for tearing down and removing an ice house on a certain town lot of which the plaintiff claimed to be the owner. The defendant Abbott sought to justify his conduct in tearing down and removing the ice house on two grounds: First, he claimed that the ice house was excepted from 'the deed executed to Parker. Second, he averred that he was a bona fide purchaser for value without notice of the ice house. The facts are…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by counsel for the defendant that the court erred in refusing to instruct the jury that the letter from F. E. Wright to the Grayson-McLeod Lumber Company should be considered as explaining and qualifying the deed of the lumber company to Wright, but we'do not think so. The language of the deed is plain, certain and unambiguous, and in such cases the court will not consider the surrounding facts or circumstances. The construction of a deed or contract, free from ambiguity, is a question of law. Dugan v. Kelly, 75 Ark. 55.
2. It is next…
2Cases cited7 opinions
- Singer v. NaronSupreme Court of Arkansas · 1911
- Falfurrias Immigration Co. v. SpielhagenTexas Supreme Court · 1910
- Rozell v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1905
- Steele v. RobertsonSupreme Court of Arkansas · 1905
- Turman v. SanfordSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cochran v. BentleySupreme Court of Arkansas · 2007
- Collins v. HeitmanSupreme Court of Arkansas · 1955
- Pass v. StephensArizona Supreme Court · 1921
- Krow & Neumann v. BernardSupreme Court of Arkansas · 1922
- Desha v. ErwinSupreme Court of Arkansas · 1925
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