Edward Douglass White

Name: Southern Pine Lumber Company v. Ward — Opinion of the Court
Author: Edward Douglass White

Summary

“Southern Pine Lumber Company v. Ward — Opinion of the Court”, is a work by Edward Douglass White. It explores elements such as Grigsbys, the Southern Pine Lumber Company and attachment.

Quotes from Southern Pine Lumber Company v… (Edward Douglass White)

Edward Douglass White, Southern Pine Lumber Company v…

“ While, if there had been no evidence tending to sustain the claim of Ward other than the admission of the Grigsbys, such admission might not have been adequate as tending to sustain a finding in favor of Ward, clearly such admission, considered in connection with the findings below concerning the proof of the debt of Ward, is sufficient to answer the argument that relief should not have been given Ward, because the note upon which he sued was held by him as collateral security. ”

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Source: Wikisource

Edward Douglass White, Southern Pine Lumber Company v…

“ We think the proposition is without merit. Ward, by his petition, made the Southern Pine Lumber Company, a corporation organized and existing under the laws of Arkansas, Temple and others, defendants, and did not refer to a Texas corporation, known as the Southern Pine Lumber Company, as having any rights whatever in the property. The answer filed on behalf of Temple and the Southern Pine Lumber Company, the Arkansas corporation, expressly asserted that that corporation owned the property, and, in effect, implied that it was the purchaser at the attachment sale. ”

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Source: Wikisource

Edward Douglass White, Southern Pine Lumber Company v…

“ True it is that laches on the part of the Grigsbys was made one of the grounds of the demurrer filed to their cross petition, but the answer contained no reservation of the demurrer, and the findings of the trial court, as well as the action thereon of the supreme court of the territory, negate the conception that the courts below could have been of the opinion that facts sufficient to show laches had been established. ”

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Source: Wikisource

Edward Douglass White, Southern Pine Lumber Company v…

“ Further, as we are clearly of the opinion that the conclusion of the supreme court of the territory, based on the findings below, as to the fraud in bringing the attachment suit and the absence of a party plaintiff therein, are ample to sustain the judgment, irrespective of the affidavits for publication and attachment, the claim must he held to be without merit. ”

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Source: Wikisource

Edward Douglass White, Southern Pine Lumber Company v…

“ Besides, the contention as to laches disregards the considerations which, in the nature of things, must arise, when it is borne in mind that the defendants, who claimed title under the attachment proceedings, did not rest content with defending their alleged title, but made that title the basis of an assertion of a right to affirmative relief, since they substantially, by cross petition, invoked such relief to maintain the validity of their title, and to obtain a cancelation of the trust deed upon which Ward relied. ”

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Source: Wikisource

Edward Douglass White, Southern Pine Lumber Company v…

“ Not unmindful that upon this record we are bound by the findings of fact below made, and are confined to determining whether the facts as found sustain the judgment, if there is evidence supporting the findings, and, without departing from that rule, we at the outset refer, in chronological order, to some facts which are alleged in the pleadings, which are either directly or by necessary implication established by the findings, and as to which there can be no dispute whatever. ”

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Source: Wikisource

Edward Douglass White, Southern Pine Lumber Company v…

“ Ct. Rep. 784, and cases cited.
We come to the merits. Before doing so it is necessary to fix accurately the scope of our inquiry. The case was submitted to the trial court by stipulation without a jury. ”

Edward Douglass White

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