Legal Opinion

Glasscock v. National Box Co.

Supreme Court of Arkansas

Decided April 29, 1912PublishedCited by 10 opinions

Appeal from Greene Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. This suit was brought by appellants for damages for timber claimed to have been cut and removed from certain lands in township 17, range 7 east, Greene County, 1,560.71 acres of which was situated within the meandered line of Bagwell’s Lake, as shown on the map and plats of the General Land Office and the west fractional half of section 4, out of the lake abutting thereon.

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Appeal from Greene Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. This suit was brought by appellants for damages for timber claimed to have been cut and removed from certain lands in township 17, range 7 east, Greene County, 1,560.71 acres of which was situated within the meandered line of Bagwell’s Lake, as shown on the map and plats of the General Land Office and the west fractional half of section 4, out of the lake abutting thereon. Appellants claimed a three-tenths interest in the land and timber, and deraigned title as follows: From the United States to the State of…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is attempted to be shown that Bagwell’s Lake, at the time of the government’s survey thereof and the designation of it upon the plats and maps of the General Land Office, was not in fact a lake but only swamp and overflowed lands, and the preponderance of the testimony appears to be in favor of this position, but the question was tried before the court sitting as a jury, and it has found otherwise upon testimony sufficient to sustain the judgment. It is not questioned that the government had patented to the State all the lands surrounding said lake and…

2Cases cited3 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Mitchell v. SmaleSupreme Court of the United States · 1891
  3. Little v. WilliamsSupreme Court of Arkansas · 1908

3Cited by10 opinions

  1. Welder v. StateCourt of Appeals of Texas · 1917
  2. Barboro v. BoyleSupreme Court of Arkansas · 1915
  3. United States v. Lee Wilson & Co.District Court, E.D. Arkansas · 1914
  4. Goset v. GosetSupreme Court of Arkansas · 1914
  5. Lutesville Sand Gravel Company v. McLaughlinSupreme Court of Arkansas · 1930

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