Louis Werner Sawmill Co. v. Sessoms
Supreme Court of Arkansas
Appeal from Union Chancery Court; James M. Barker, Chancellor; 1. The time granted in the deeds of July, 1907, for cutting the timber had not expired by the express terms of the deeds as written, at the time of .filing these suits. The extension deed .complained of conveyed to appellant “its lawful successors and assigns forever, all of the pine timber over twelve inches in diameter at the stump standing, growing and being on said lands.”
Read the full summary
Appeal from Union Chancery Court; James M. Barker, Chancellor; 1. The time granted in the deeds of July, 1907, for cutting the timber had not expired by the express terms of the deeds as written, at the time of .filing these suits. The extension deed .complained of conveyed to appellant “its lawful successors and assigns forever, all of the pine timber over twelve inches in diameter at the stump standing, growing and being on said lands.” The right to convey the timber is not left to inference, but expressly granted'in the deed itself, and if effect is given to the granting clause, which must…
1Opinion of the CourtHart, J.
On the 20th of February, 1913, appellants instituted seventeen suits in the chancery court against certain land owners, in which they sought a reformation of timber deeds executed by appellees to the Louis Werner Sawmill Company between the 8th and 15th of July. 1907. The defendants answered and denied the material allegations of the complaints and filed cross-bills in which they asserted that appellants had forfeited their right to cut and remove any of the timber involved in the suits and asked that the timber deeds be cancelled as a cloud 'upon their title. All of the suits were…
2Cases cited5 opinions
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Newton v. Warren Vehicle Stock Co.Supreme Court of Arkansas · 1915
- Knight v. GlasscockSupreme Court of Arkansas · 1888
- Yelvington v. ShortSupreme Court of Arkansas · 1914
- Hearin v. Union Sawmill Co.Supreme Court of Arkansas · 1912
3Cited by10 opinions
- Crews v. CrewsSupreme Court of Arkansas · 1948
- Smith v. Olin Industries, Inc.Supreme Court of Arkansas · 1955
- Polzin v. BeeneSupreme Court of Arkansas · 1916
- Osborne v. FairleySupreme Court of Arkansas · 1919
- Lawless v. Caddo River Lumber Co.Supreme Court of Arkansas · 1920
5 more not listed; retrieve them via the Exa API.