St. Louis Refrigerator & Wooden Gutter Co. v. Langley
Supreme Court of Arkansas
Appeal from Clark Circuit Court in Chancery. Kurus D. Hearn, Judge. STATEMENT BY THE COURT. This suit was begun in ejectment for eighty acres of land. Afterwards an amendment to the complaint was filed, and the case, on motion of the plaintiff, was transferred to chancery, where the defendant filed an answer, and the cause was heard, and decree rendered, and this appeal prosecuted.
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Appeal from Clark Circuit Court in Chancery. Kurus D. Hearn, Judge. STATEMENT BY THE COURT. This suit was begun in ejectment for eighty acres of land. Afterwards an amendment to the complaint was filed, and the case, on motion of the plaintiff, was transferred to chancery, where the defendant filed an answer, and the cause was heard, and decree rendered, and this appeal prosecuted. The special findings of fact by the court are full enough to outline the contention of both parties. Substantially, they are as follows: That the eighty acres of land in controversy were forfeited, sold, and duly…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Both parties to this litigation deraign title from the state—the appellant through an overdue tax deed dated June 5, 1886, and the appellee through a donation deed dated October 4, 1883. The question is, who has the fee simple title?
Section 2, act March 12, 1881, provides for the filing of the complaint in an overdue tax suit, and that the clerk should enter on the record of the court an order to the effect that “all persons having any interest in said lands, or any of them, are required to appear in said court within forty days from that date, then and…
2Cases cited3 opinions
- Casey's Lessee v. InloesCourt of Appeals of Maryland · 1844
- Woodward v. CampbellSupreme Court of Arkansas · 1882
- Martin v. RoeschSupreme Court of Arkansas · 1893
3Cited by12 opinions
- Trustees of Internal Improvement Fund v. LobeanSupreme Court of Florida · 1961
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Douglas CountyWisconsin Supreme Court · 1908
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Walker v. FergusonSupreme Court of Arkansas · 1928
- Brinneman v. ScholemSupreme Court of Arkansas · 1910
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