Crill v. Hudson
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. George M. Chaplins, Judge. Crill and wife sued Hudson for trespass for cutting timber from the northeast fractional quarter of section 18, township 8 south, range 3 west, claiming title under a tax sale and by adverse possession. Hudson in his answer denied the validity of the tax sale and by adverse possession. The case was dismissed, and plaintiffs appealed.
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Appeal from Arkansas Circuit Court. George M. Chaplins, Judge. Crill and wife sued Hudson for trespass for cutting timber from the northeast fractional quarter of section 18, township 8 south, range 3 west, claiming title under a tax sale and by adverse possession. Hudson in his answer denied the validity of the tax sale and by adverse possession. The case was dismissed, and plaintiffs appealed. The northeast quarter of section 18, township 8 south, range 3 west, in Arkansas county, by the original surveys, only contained 10.88 acres. It bordered on the Arkansas river. The river after the…
1Opinion of the CourtWood, J.
The court below erred in its findings and declarations of law. It evidently was of the opinion that the tax sale did not embrace or carry the accretion. The area does not control the general description. The accretion became a part of the original tract, and passed to the tax-purchaser, whether expressly mentioned or not. Towell v. Etter, 69 Ark. 34, 63 S. W. 53.
Possession of a part, under color of title, for the requisite period of time gives title by limitation. Pillow v. Roberts, 12 Ark. 829; Wilson v. Spring, 38 Ark. 182; Elliott v. Pearce, 20 Ark. 516; Ib. 542; McConnell v. Swepston, 66…
2Cases cited6 opinions
- Towell v. EtterSupreme Court of Arkansas · 1900
- Woolfolk v. BucknerSupreme Court of Arkansas · 1900
- Woolfork v. BucknerSupreme Court of Arkansas · 1895
- Finley v. HoganSupreme Court of Arkansas · 1895
- Worthen v. FletcherSupreme Court of Arkansas · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Smith v. WhitneyMontana Supreme Court · 1937
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Carpenter v. SmithSupreme Court of Arkansas · 1905
- Chavis v. HenrySupreme Court of Arkansas · 1943
- Crow v. JohnstonSupreme Court of Arkansas · 1946
27 more not listed; retrieve them via the Exa API.