Wisconsin & Arkansas Lumber Co. v. Fitzhugh
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The description “ten board trees” in the deed was not sufficient to designate the trees reserved. 30 Ark. 640; 30 Ark. 657; 35 Ark. 470; 48 Ark. 419; 95 Ark. 253; 106 Ark. 83; 119 Ark. 301; 139 Ark. 83; 144 Ark. 442. There was no error in admitting oral testimony to prove the terms of the deed. 140 Ark. 231. The contract, having been prepared by defendant, must be construed as unfavorably against them as its terms…
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The description “ten board trees” in the deed was not sufficient to designate the trees reserved. 30 Ark. 640; 30 Ark. 657; 35 Ark. 470; 48 Ark. 419; 95 Ark. 253; 106 Ark. 83; 119 Ark. 301; 139 Ark. 83; 144 Ark. 442. There was no error in admitting oral testimony to prove the terms of the deed. 140 Ark. 231. The contract, having been prepared by defendant, must be construed as unfavorably against them as its terms will admit. 90 Ark. 92.
1Opinion of the CourtWood, J.
This is an action by the appellee against the appellant. The appellee alleges that he is the owner of the N half of the SW quarter of section 4, township 6 S., R. 15 W, and also the NW quarter of the SE quarter of section 5, township 6 S., R. 15 W, and other lands; that he sold to the appellant the pine timber on the above described tracts of land with the exception of ten 'board trees reserved in the face of the timber deed for his own personal use; that after he sold the timber to appellant it entered upon the lands and not only cut the timber purchased from the appellee, but also knowingly…
2Cases cited7 opinions
- Maloney v. Maryland Casualty Co.Supreme Court of Arkansas · 1914
- Wood v. KelseySupreme Court of Arkansas · 1909
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
- Jones v. LewisSupreme Court of Arkansas · 1909
- Massey v. DixonSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fullerton v. StorthzSupreme Court of Arkansas · 1930
- Lutterloh v. PattersonSupreme Court of Arkansas · 1947
- W. A. McClung v. W. C. Thompson, W. C. Thompson v. W. A. McClungCourt of Appeals for the Eighth Circuit · 1968
- Bailey v. SuttonSupreme Court of Arkansas · 1945
- Bracy Bros. Hardware Co. v. Herman-McCain Construction Co.Supreme Court of Arkansas · 1924
6 more not listed; retrieve them via the Exa API.