Buchanan v. Pemberton
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George W. Ciarle, Judge; STATEMENT OE EAOTS. This is an action of ejectment by appellants wbo were plaintiffs below against appellee who was defendant below to recover possession of thirty acres of land. Appellants claim title by a deed to their ancestor in 1878 and by adverse possession since that time.
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Appeal from Lonoke Circuit Court; George W. Ciarle, Judge; STATEMENT OE EAOTS. This is an action of ejectment by appellants wbo were plaintiffs below against appellee who was defendant below to recover possession of thirty acres of land. Appellants claim title by a deed to their ancestor in 1878 and by adverse possession since that time. Appellee denied all the material allegations in the complaint and claimed title to the land under a collector’s tax deed which is exhibited with his answer. In the tax deed the lands are described as follows: “West part southwest quarter of the northeast…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellee seek to uphold the judgment dismissing the complaint on the ground that the description in the tax deed is not void for uncertainty and is therefore color of title. It will be remembered that the description in the tax deed is the “West part southwest quarter of the northeast quarter of section nine (9) west, township one (1) south, range ten (10) west, 30 acres.” Counsel for appellee rely on decisions of the Supreme Courts of Mississippi, Alabama and Iowa, holding that similar descriptions are not void for uncertainty. We do not deem…
2Cases cited10 opinions
- Cotton v. WhiteSupreme Court of Arkansas · 1917
- Cooper v. LeeSupreme Court of Arkansas · 1894
- White v. StokesSupreme Court of Arkansas · 1899
- Beasley v. Equitable Securities Co.Supreme Court of Arkansas · 1904
- Hershey v. ThompsonSupreme Court of Arkansas · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Berry v. DavidsonSupreme Court of Arkansas · 1939
- Huffman v. Henderson Co.Supreme Court of Arkansas · 1931
- American Portland Cement Co. v. Certain LandsSupreme Court of Arkansas · 1929
- Wilkerson v. JohnstonSupreme Court of Arkansas · 1947
- Shelton v. ByromSupreme Court of Arkansas · 1944