J. I. Porter Lumber Co. v. Hill
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. statement by the court. D. C. Hill brought an action against the J. I. Porter Lumber Company and George Jordan to recover damages for trespass upon land and for conversion of timber and logs. He alleged in his complaint that “he is and has been for ten years last past the owner and in constructive possession” of certain lands in Jefferson county described in the complaint.
Read the full summary
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. statement by the court. D. C. Hill brought an action against the J. I. Porter Lumber Company and George Jordan to recover damages for trespass upon land and for conversion of timber and logs. He alleged in his complaint that “he is and has been for ten years last past the owner and in constructive possession” of certain lands in Jefferson county described in the complaint. He further alleged that the defendants had unlawfully entered upon said land, and cut, carried away and converted timber of the value of $1,000; and he asked…
1Opinion of the CourtRiddick, J.
(after stating the facts.) This is an appeal from a judgment in favor of D. C. Plill against the Porter Lumber Company for damages for unlawfully entering upon the land of the plaintiff and cutting and converting to its own use timber and logs belonging to plaintiff.
In one of the paragraphs of its answer the company undertook to set up the defense of estoppel, but we think that the action of the court in sustaining a demurrer to this paragraph was clearly correct, for it does not allege facts sufficient to constitute an estoppel. It does not allege that the agent of plaintiff who “stood by…
2Cases cited2 opinions
- Klein v. German National BankSupreme Court of Arkansas · 1901
- John Henry Shoe Co. v. WilliamsonSupreme Court of Arkansas · 1897
3Cited by3 opinions
- Cotton v. Mutual Aid UnionSupreme Court of Arkansas · 1918
- St. Louis, Iron Mountain & Southern Railway Co. v. Cooper & RossSupreme Court of Arkansas · 1915
- Howell v. Ark. Power & Light Co.Supreme Court of Arkansas · 1955