Legal Opinion

Kendall v. J. I. Porter Lumber Co.

Supreme Court of Arkansas

Decided June 29, 1901PublishedCited by 10 opinions

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.

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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

  1. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  2. Taylor v. ArmstrongSupreme Court of Arkansas · 1863
  3. Gaines v. SummersSupreme Court of Arkansas · 1887
  4. McLeod v. DialSupreme Court of Arkansas · 1896

3Cited by10 opinions

  1. Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
  2. Halbrook v. LewisSupreme Court of Arkansas · 1942
  3. Broderick v. McRae Box Co.Supreme Court of Arkansas · 1919
  4. Collins v. Bluff City Lumber Co.Supreme Court of Arkansas · 1908
  5. Cannon v. MatthewsSupreme Court of Arkansas · 1905

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