Young v. Cowan
Supreme Court of Arkansas
Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. Young had no notice of Cowan’s title to the timber. The testimony is evasive, contradictory and unsatisfactory as to Young’s actual knowledge. 2. The timber was not removed within a reasonable time and there was no limit in the deed. 77 Ark. 116; 78 Id. 408;'93 Id. 5; 124 Id. 574; 126 Id. 46; 116 Id. 393. Nine years was an unreasonable time. 1. Appellant had notice of the timber deed and was not an innocent…
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Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. Young had no notice of Cowan’s title to the timber. The testimony is evasive, contradictory and unsatisfactory as to Young’s actual knowledge. 2. The timber was not removed within a reasonable time and there was no limit in the deed. 77 Ark. 116; 78 Id. 408;'93 Id. 5; 124 Id. 574; 126 Id. 46; 116 Id. 393. Nine years was an unreasonable time. 1. Appellant had notice of the timber deed and was not an innocent purchaser. The finding of the chancellor is sustained by the evidence. 2. Under the circumstances the Cowans did not wait…
1Opinion of the Court
HART, J.,
(after stating the facts). The chancellor found that Young had actual knowledge at the time he purchased the land from Carroll that the Cowans had already purchased the timber on the land from Carroll. It can not be said that his finding in this respect is not sustained by the evidence. It is true Young testified in positive terms that he had no such knowledge and some other circumstances, not necessary to mention here, corroborated him.
On the other hand the Cowans testified in equally positive terms that they told Young that they had purchased the timber on the land in controversy…
2Cases cited6 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Fletcher v. LyonSupreme Court of Arkansas · 1909
- Polzin v. BeeneSupreme Court of Arkansas · 1916
- Beene v. GreenSupreme Court of Arkansas · 1917
- Garden City Stave & Heading Co. v. SimsSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
- Dunn v. ForresterSupreme Court of Arkansas · 1930
- Shubert v. LacySupreme Court of Alabama · 1952
- Union Saw Mill Co. v. AgertonSupreme Court of Arkansas · 1930
- Hurley v. HortonSupreme Court of Arkansas · 1948