Kendall v. J. I. Porter Lumber Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Antonio B. GRAoe, Judge. To constitute a valid sale, there must he a delivery. ■ 63 Ark. 10. A contract for sale of standing timber carries no interest in the land. 45 Mass.‘583; 9 Barn. & Cress. 561; 3 Day, 484; 7 'Greenleaf, 44-7; 1 Mete. 313; Ohitty, Contr.'(5 Am. Ed.), 300 '302; 1 Greenleaf, Ev. § 271. Trees, when cut and carried away, become personal property. 79 Mass. 502;.4 Mete. 580; 8 Mete. '34; 81 Mass. 444; 1 Benj.
Read the full summary
Appeal from Jefferson Circuit Court. Antonio B. GRAoe, Judge. To constitute a valid sale, there must he a delivery. ■ 63 Ark. 10. A contract for sale of standing timber carries no interest in the land. 45 Mass.‘583; 9 Barn. & Cress. 561; 3 Day, 484; 7 'Greenleaf, 44-7; 1 Mete. 313; Ohitty, Contr.'(5 Am. Ed.), 300 '302; 1 Greenleaf, Ev. § 271. Trees, when cut and carried away, become personal property. 79 Mass. 502;.4 Mete. 580; 8 Mete. '34; 81 Mass. 444; 1 Benj. Sales, § 117; Greenleaf, Ev. § 271. 'The record of an instrument unauthorized is not notice of contents. 1 L. R. A. 192; 79 Mass.…
1Opinion of the CourtBattle, J.
On the 27th day of'March, 1899, the J. I. Porter Lumber Company, a corporation, brought this action against •Frank Kendall to recover of him the value of 175 pine trees, of the total value of $175. It alleged in its complaint that it was the owner of 125 pine trees on the north half of the northeast quarter of the northwest quarter of section 2 in township -7 south and in range 11 west, and 50 pine trees on the south half of said northeast quarter of said northwest quarter of section 2, and that the -defendant wrongfully and without right or- authority cut and ■removed from the land the pine…
2Cases cited4 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
- Gaines v. SummersSupreme Court of Arkansas · 1887
- McLeod v. DialSupreme Court of Arkansas · 1896
3Cited by10 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Halbrook v. LewisSupreme Court of Arkansas · 1942
- Broderick v. McRae Box Co.Supreme Court of Arkansas · 1919
- Collins v. Bluff City Lumber Co.Supreme Court of Arkansas · 1908
- Cannon v. MatthewsSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.