Legal Opinion

Talieferro Ex'r v. Barnett

Supreme Court of Arkansas

Decided November 15, 1881PublishedCited by 8 opinions

APPEAL from Dorsey Circuit Court in Chancery. Hon. W. D. Johnson, Special Judge. STATEMENT. In November, 1874, Barnett filed in the Circuit Court- of Dorsey county, his complaint in equity against M. T. McGrehee, alleging in substance, that on the sixteenth day of December, 1871, he purchased from W. L. Pauley and his wife Susan, the following lands in that county, to-wit: the southeast of northeast quarter and northeast of southeast quarter, of section 34, and southwest of…

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APPEAL from Dorsey Circuit Court in Chancery. Hon. W. D. Johnson, Special Judge. STATEMENT. In November, 1874, Barnett filed in the Circuit Court- of Dorsey county, his complaint in equity against M. T. McGrehee, alleging in substance, that on the sixteenth day of December, 1871, he purchased from W. L. Pauley and his wife Susan, the following lands in that county, to-wit: the southeast of northeast quarter and northeast of southeast quarter, of section 34, and southwest of northwest quarter and northwest southwest quarter, section 35, in township 9 south, range 9 west, for $340, which he…

1Opinion of the CourtHarrison, J.

title; UpoiL°u 4 A purchaser at the sale under the execu-i. tion, which the plaintiff by his complaint sought to enjoin, would as well as the plaintiff claim title from Panley ; and us the sheriff’s deed to him would contain such prima, facie evidence of title in him, that, to avoid it, proof of extraneous facts would be required, it would necessarily have the effect to cast a cloud upon the plaintiff’s title. McCullough v. Hollingsworth, 27 Ind., 115; Pixley v. Huggins, 15 Cal., 127; England v. Lewis, 25 Cal., 337; Downing v. Mann, 43 Ala,, 266; Key City Gas Light Co. v. Munsell, 19 Iowa,…

2Cases cited4 opinions

  1. Pixley v. HugginsCalifornia Supreme Court · 1860
  2. Englund v. LewisCalifornia Supreme Court · 1864
  3. Key City Gas Light Co. v. MunsellSupreme Court of Iowa · 1865
  4. McCulloch's Administrator v. HollingsworthIndiana Supreme Court · 1866

3Cited by8 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Cox v. SmithSupreme Court of Arkansas · 1910
  3. Martin v. SchichtlSupreme Court of Arkansas · 1895
  4. Fort Smith Milling Co. v. MiklesSupreme Court of Arkansas · 1895
  5. Agri Bank FCB v. MaxfieldSupreme Court of Arkansas · 1994

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