Penix v. Pumphrey
Supreme Court of Arkansas
Appeal from Boone Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. The appellants, plaintiffs below, instituted this suit against the appellee to enjoin him from trespassing upon an acre of land which appellants claim to own, and to quiet and confirm appellants’ title. They prayed judgment against the appellee for damages on account of alleged trespasses.
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Appeal from Boone Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. The appellants, plaintiffs below, instituted this suit against the appellee to enjoin him from trespassing upon an acre of land which appellants claim to own, and to quiet and confirm appellants’ title. They prayed judgment against the appellee for damages on account of alleged trespasses. Appellants alleged that they were the owners of one acre, more or less, being all that part of the Northeast quarter of the Northwest quarter of Section 31, Township 21 North, Range 18 West, lying North of the main…
1Opinion of the CourtWood, J.
(after stating the facts). 1. On the issue of damages, the father of appellants testified that he had operated the land in question for about twelve years; that the effect of the cutting of the timber by the appellee was to continually wear the bank off there and destroy the bottom land below; that the piece of land in controversy was protection to the other bottom land belonging to appellants; that appellee had cut timber off of the land in controversy over his protest. He was asked what the timber was worth and replied: “I would not want it cut at all. It was a protection to my place and I…
2Cases cited9 opinions
- Williams v. BuchananSupreme Court of Arkansas · 1908
- Temple v. LawsonSupreme Court of Arkansas · 1857
- Jones v. GrahamSupreme Court of Arkansas · 1880
- Mt. Nebo Anthracite Coal Co. v. MartinSupreme Court of Arkansas · 1908
- Greenhaw v. CombsSupreme Court of Arkansas · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eureka Springs Sales Co. v. WardSupreme Court of Arkansas · 1956
- Jones v. AdkinsSupreme Court of Arkansas · 1926
- Oldham v. McKayMissouri Court of Appeals · 1940
- McCauley v. Arkansas Rice Growers' Cooperative Ass'nSupreme Court of Arkansas · 1926
- Wilson v. WilsonSupreme Court of Arkansas · 1947
1 more not listed; retrieve them via the Exa API.