Bradshaw v. Williams
Bradshaw v. Williams
Opinion of the Court
Plaintiff owned the timber on two tracts of land, known as the Tovery and Jenkins tracts, which he acquired by purchase. J. M. Cook cut 98 stick of pilings and 226 crossties from this timber. These pilings and ties were seized under a judgment Dowden had obtained against Cook in a justice of the ¡peace court.
Plaintiff herein brought suit in the district court of Vernon parish, claiming the ownership of these pilings and ties, and asking for an injunction to arrest the pale thereof. The lower court decreed him the owner and perpetuated the in[iunction.
Dowden appeals.
The crossties have dropped out of the case, thus restricting the issue to the pilings.
Most of the pilings, if not all, came from the Jenkins tract. However this may be, it is certain they were from timber which had been acquired by plaintiff, and which stood in his name when felled by Cook. There is no proof in the record that the title to this timber was ever transferred by plaintiff to Cook by any act of sale, exchange or by any other.
Plaintiff says he took care of the barber, laundry and board bills of Cook. It must therefore be inferred that their relations were very friendly and intimate. He says, prior to his purchase of the timber, Cook’s account with him was something near $380.00; that Cook came up to him and said: “I think I see a way I can pay you”; and said, if plaintiff would put up the money to buy the timber, he would go ahead, work it off and apply it to plaintiff’s account. The timber was then bought by plaintiff, and Cook was put to work in it.
The record shows plaintiff made all the advances for the exploitations of the timber by Cook. Plaintiff and Cook both say the profits realized therefrom were to be applied to Cook’s credit. The pilings as they were cut were all shipped in the name of plaintiff, and were sold by him. There is nothing here suggestive of any change of ownership in the timber from plaintiff to Cook. Plaintiff admits if Cook had made a success of the undertaking he would have paid his debt to him, and that he made the purchase to give Cook a chance to repay him. In
Case-law data current through December 31, 2025. Source: CourtListener bulk data.