Legal Opinion

Mississippi Valley Timber Co. v. Mengel Co.

Court of Appeals for the Fifth Circuit

Decided June 27, 1940No. 9480Published

1Opinion of the Court

HUTCHESON, Circuit Judge.

The suit was to recover the value of cottonwood timber allegedly wrongfully cut and removed from plaintiffs lands. The claim in substance was that the lands from which the timber was cut, were accretions to and therefore parts of Section 12, and Lot 8, Section 11, Township 14, Range 9 West, Washington County, Mississippi, owned by plaintiff.

The defenses were, a denial of plaintiff’s claim of ownership of the land and affirmative defenses (1) agreed boundary and (2) title by ten years limitation. Code Miss. 1930, § 2287.

The record shows that plaintiff apparently…

2Cases cited7 opinions

  1. McCaughn v. YoungMississippi Supreme Court · 1904
  2. Arkansas v. TennesseeSupreme Court of the United States · 1940
  3. Lagow v. GloverTexas Supreme Court · 1890
  4. Schiele v. KimballCourt of Appeals of Texas · 1912
  5. Atlantic Oil Producing Co. v. HugheyCourt of Appeals of Texas · 1937

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