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CHICAGO MILL & LUMBER CO. v. BOARD OF DIRECTORS

No. 5-2926.

366 S.W.2d 184 (1963)

CHICAGO MILL & LUMBER COMPANY, Appellant, v. BOARD OF DIRECTORS OF ST. FRANCIS LEVEE DISTRICT, Appellees.

Supreme Court of Arkansas.

Rehearing Denied April 22, 1963.

Attorney(s) appearing for the Case

Daggett & Daggett, by W. H. Daggett, Marianna, for appellant.

F. N. Burke, Jr., Marianna, Shaver & Shaver, Wynne, for appellee.

GEORGE ROSE SMITH, Justice.

This is a suit by the appellant to quiet its title to certain land in Lee County, subject to the levee right-of-way of the St. Francis Levee District. The ultimate question is whether the district, as the holder of the dominant easement, or the lumber company, as the owner of the servient estate, is entitled to the proceeds derived from the cutting and sale of mature timber within the right-of-way. The chancellor awarded these proceeds...

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