Myers v. Hawkins
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court. STATEMENT BY THE COURT. This is an action by appellants to perpetually enjoin the appellee from cutting, removing and destroying timber on certain lands. Appellants claim that they as a firm are the owners of the lands, having purchased same from Jno.
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Appeal from St. Francis Chancery Court. STATEMENT BY THE COURT. This is an action by appellants to perpetually enjoin the appellee from cutting, removing and destroying timber on certain lands. Appellants claim that they as a firm are the owners of the lands, having purchased same from Jno. B. Driver, as President of the Board of Directors of the St. Francis Levee District, by deed dated 9th day of September, 1899. They set up that the defendant claims title to the oak timber standing on said land by a pretended conveyance from Peterson Jackson as agent for the St. Francis Levee District;…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The complaint alleges that plaintiffs will suffer irreparable loss from the acts complained of, but there is nothing in the proof to show that the alleged trespass or trespasses of the defendant tended to the irreparable injury of the property—nothing to show that these acts rendered the freehold less susceptible of enjoyment, or that the trespasses were of a nature to constitute a nuisance. There was no allegation or proof of the insolvency of the defendant—nothing in fact in the complaint or proof to show that the plaintiff did not and do not have a…
2Cases cited2 opinions
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- Newport v. Railway Co.Supreme Court of Arkansas · 1893
3Cited by13 opinions
- DuFresne v. PaulSupreme Court of Arkansas · 1920
- Johnson v. United States Gypsum Co.Supreme Court of Arkansas · 1950
- Little Red River Levee District No. 2 v. ThomasSupreme Court of Arkansas · 1922
- Book v. PolkSupreme Court of Arkansas · 1906
- Hall v. Wellman Lumber Co.Supreme Court of Arkansas · 1906
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