K.C. Lumber Co. v. Moores

• Decision Date: 17 March 1914
• Docket Number: 2513.
• Citation: 212 F. 153
• Parties: K. C. LUMBER CO. v. MOORES.
• Court: U.S. Court of Appeals — Fifth Circuit

212 F. 153

K. C. LUMBER CO. v. MOORES.

No. 2513.

United States Court of Appeals, Fifth Circuit.

March 17, 1914

This suit was brought by the defendant in error, J. H. Moores against the K. C. Lumber Company, plaintiff in error, to recover the value of trees cut and removed from a tract of land situated in Jackson county, Miss. A jury having been waived by the parties, the cause was submitted to the court upon the following stipulation as to the facts, to wit 'That John W. Smith made homestead entry No. 34,329 on July 12, 1899, for the lands in controversy, to wit, the S.E 1/4 of the S.E. 1/4 of section 9, and the S.W. 1/4 of S.W 1/4 and the N.W. 1/4 of S.W. 1/4 of section 10, all in township 2 S., range 6 W., Jackson county, Miss. And the said Smith made his final proof on the . . . day of . . ., A.D. 1904, and final certificate No. 18,721 issued to him August 25, 1904, followed by patent to him dated March 30, 1905. That on September 4, 1901, John W. Smith and his wife, by warranty deed conveyed to Joseph Grisham all the pine timber on the above-described lands. Said deed was filed December 13, 1904, and recorded December 27, 1904, in the Deed Records of said Jackson county. That on February 1, 1902, Joseph Grisham by warranty deed conveyed said pine timber to the K. C. Lumber Company, defendant. Said deed was filed and recorded on February 3, 1902, in the Deed Records of said Jackson county. That on April 12, 1906, said John W. Smith and wife, by warranty deed, conveyed to Frank Dickens the S.E. 1/4 of S.E. 1/4 of section 9, and the S.W. 1/4 of S.W. 1/4 and the E. 1/2 of the N.W. 1/4 of S.W. 1/4 of section 10. Also all the pine timber on the W. 1/2 of N.W. 1/4 of S.W. 1/4 of section 10. All in township 2 S., range 6 W., Jackson county. Said deed was filed on May 15th, and recorded May 24, 1906, in the Deed Records of said Jackson county. That on April 14, 1906, Frank Dickens by warranty deed conveyed said last-described land and timber to L. R. Collins. Said deed was filed on April 23d, and recorded April 26, 1906, in the Deed Records of Jackson county. That on April 14, 1906, L. R. Collins by warranty deed conveyed said land and timber to J. H. moores, plaintiff herein. Said deed was filed on April 23d, and recorded on April 26, 1906, in the Deed Records of said Jackson county. That neither said Dickens, Collins, nor Moores had any actual notice of the said deed from Smith and wife to Grisham, nor from Grisham to the K. C. Lumber Company, and had no notice thereof except the constructive notice arising by operation of law from the fact that said deeds were placed on record. That some time between the 26th day of April, 1906, and the filing of this suit, the K. C. Lumber Company, defendant herein, cut and removed the pine timber from all of said above described lands, without the knowledge, consent, or permission of plaintiff herein. That the pine timber so cut and removed from said lands by defendant amounted to 3,700 trees, making a total of 1,005,000 feet, at $3 per M., of the total value of $3.015.'

Upon the evidence submitted, the court rendered judgment in favor of Moores for $3,015, with interest at the rate of 6 per centum per annum. Being dissatisfied...