Driver v. Evans
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court in Chancery. Hon. W. PI. Cate, Circuit Judge. If the land was in fact swamp and overflowed, and of this the evidence is conclusive, the title to the land passed to the state by virtue of the Act of 1850. 2‡ Ark., ‡‡‡; 33 Id., 833; 36 Id., 33‡. The Sawyer receipt and the Smithe,e certificate, with the evidence of the witnesses, that Stewart entered the land and was in possession at the time of his death, was sufficient even in ejectment.…
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APPEAL from Mississippi Circuit Court in Chancery. Hon. W. PI. Cate, Circuit Judge. If the land was in fact swamp and overflowed, and of this the evidence is conclusive, the title to the land passed to the state by virtue of the Act of 1850. 2‡ Ark., ‡‡‡; 33 Id., 833; 36 Id., 33‡. The Sawyer receipt and the Smithe,e certificate, with the evidence of the witnesses, that Stewart entered the land and was in possession at the time of his death, was sufficient even in ejectment. 33 Ark., 333. The Sawyer receipt and Smithee’s certifi.cate are not com.petent evidence. MansJ. Dig., sec. 2833; Greenl.…
1Opinion of the CourtBattle, J.
This is a suit in chancery to impeach the validity of a patent issued by the United States to James H. Cannon for certain land in Mississippi county. Plaintiff alleges, substantially, in his complaint, that this land was a part of the swamp and overflowed lands granted to this state by an act of congress, approved the 28th day of September, 1850 ; that his intestate, James Stewart, purchased it from the state on the 16th day of December, 1851 ; that the state of Arkansas selected and reported it as swamp land on the 20th day of January, i860; that James H. Cannon entered it, in the land…
2Cases cited3 opinions
- Lee v. JohnsonSupreme Court of the United States · 1885
- SPARKS & Another v. PIERCE & OthersSupreme Court of the United States · 1885
- Bohall v. DillaSupreme Court of the United States · 1885
3Cited by10 opinions
- McCord v. BrightIndiana Court of Appeals · 1909
- Kelley v. Laconia Levee DistrictSupreme Court of Arkansas · 1905
- Dearing v. Speedway Realty Co.Indiana Court of Appeals · 1942
- Tucker v. LeonardSupreme Court of Oklahoma · 1930
- Lowery v. RichardsSupreme Court of Oklahoma · 1926
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