Fenton v. Collum
Supreme Court of Arkansas
Appeal from Sevier Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. The appellee filed suit for confirmation of title to the forty acres of land in controversy. Appellant filed an intervention and response.
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Appeal from Sevier Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. The appellee filed suit for confirmation of title to the forty acres of land in controversy. Appellant filed an intervention and response. The petition was then amended by appellee to allege that he was the owner of the land in controversy, and had been for more than seven years; that it was unimproved and uninclosed, and that he had continuously paid the taxes during the seven years under title as deraigned in his petition. Appellant filed a substituted intervention, claiming the ownership of the land,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Under section 5057, of Kirby’s Digest, a person having color of title who has paid the taxes for seven years in succession upon unimproved and uninclosed lands, where at least three of the payments have been made since the passage of the law, acquires the title thereto by limitation. Towson v. Denson, 74 Ark. 305; Updegraff v. Marked Tree Lamber Co., 83 Ark. 154; Rachels v. Stecher Cooperage Works, 95 Ark. 7; Paragould Abstract & R. E. Co. v. Coffman, 100 Ark. 582.
It is not disputed that appellee’s deed from the Blassingames did not operate to convey…
2Cases cited4 opinions
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Wheeler v. FooteSupreme Court of Arkansas · 1906
- Paragould Abstract & Real Estate Co. v. CoffmanSupreme Court of Arkansas · 1911
- King v. CampbellSupreme Court of Arkansas · 1909
3Cited by10 opinions
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
- Moore v. MorrisSupreme Court of Arkansas · 1915
- Union Sawmill Co. v. PaganSupreme Court of Arkansas · 1927
- Slaughter v. Cornie Stave CompanySupreme Court of Arkansas · 1927
- Appollos v. International Paper Co.Court of Appeals of Arkansas · 1991
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