Oxley Stave Co. v. Staggs
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District'. James B. Riddick, Judge. STATEMENT BY THE COURT. This was an action for replevin for sixty-eight gum logs. The suit was brought by appellant filing an affidavit in proper form before a justice of the peace. The case was tried, and appealed to the circuit court, and a verdict and judgment rendered there, from which this appeal is prosecuted.
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Appeal from Clay Circuit Court, Western District'. James B. Riddick, Judge. STATEMENT BY THE COURT. This was an action for replevin for sixty-eight gum logs. The suit was brought by appellant filing an affidavit in proper form before a justice of the peace. The case was tried, and appealed to the circuit court, and a verdict and judgment rendered there, from which this appeal is prosecuted. The appellee filed no written pleading, in either the justice or the circuit court, setting up title to the logs. The proof on the part of the appellant was substantially as follows: The agent of the…
1Opinion of the Court
Wood, J.,
(after stating the facts). It was error to exclude the testimony of the witnesses to the effect “that appellants had been making staves and getting timber off the lauds from which the logs in controversy were cut, and that they had claimed to own the same for the last five years, and that it was known as the Oxley Stave Company’s land.” The defendants stand mute, and put the appellant to the test of its right to recover the possession upon the strength of its own title. They set up no affirmative title in themselves. Under this state of case, it devolves upon the appellant to show…
2Cases cited4 opinions
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Crockett v. MorrisonSupreme Court of Missouri · 1847
- Barry v. OttoSupreme Court of Missouri · 1874
- Dale v. FaivreSupreme Court of Missouri · 1869
3Cited by2 opinions
- Young v. StevensonSupreme Court of Arkansas · 1905
- Ward v. SturdivantSupreme Court of Arkansas · 1908