McLeod v. Dial
Supreme Court of Arkansas
Appeal from Cleveland Circuit Court in Chancery. M. L. Hawkins, Judge. 1. Land may be divided into its composite elements, so that one may own the trees, another the soil, and another the mines beneath.
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Appeal from Cleveland Circuit Court in Chancery. M. L. Hawkins, Judge. 1. Land may be divided into its composite elements, so that one may own the trees, another the soil, and another the mines beneath. Tiedeman, Real Property, 10. A sale of trees, if it satisfies the statute of frauds by being-, in writing, gives the vendee the right of property in the standing trees, with a right to enter on the land for the purpose of cutting and transporting them. 22 Wis. 544; 20 id. 516; 61 Pa. 297; 1 Denio, 550; 11 Allen, 144; 2 Barb. 613. 2. Dial had notice of the sale, and is bound. 16 Ark. 543; 28…
1Opinion of the Court
BATTLE, j.
Two sisters, Margaret and Leonora Little, owned a certain tract of land in fee. While they owned the land, Margaret married S. A. Simpson, and Leonora, Thomas S. Dykes. Leonora conveyed her one undivided half interest to S. A. Simpson; and Margaret died, intestate, leaving her husband and three minor children, the offspring of her marriage, her surviving. Afterwards, on the 15th of September, 1886, Simpson executed to George W. McLeod an instrument of writing, which, as it appears in the record here, with many words unintentionally omitted, is in the words and figures following, to…
2Cases cited5 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Potter v. LansingNew York Supreme Court · 1806
- Davis v. ClarkMissouri Court of Appeals · 1890
- Mantooth v. BurkeSupreme Court of Arkansas · 1880
3Cited by7 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Kendall v. J. I. Porter Lumber Co.Supreme Court of Arkansas · 1901
- Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
- Haseman v. Union BankSupreme Court of Arkansas · 1978
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