St. Louis, Iron Mountain & Southern Ry. Co. v. Blaylock
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The .suit was properly brought in the chancery oourt. Kirby’s Digest, <§ 5984; 52 Ark. 411; 56 Id. 370. This was not ;a suit in ejectment and no relief was asked except equitable relief. 2. The isuit was not barred by limitation. 92 Ark 167; 146 Ind. 186. 1. Appellee was in the actual, adverse, etc., possession of the land, claiming title and had the constitutional right to a trial at law.
Read the full summary
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The .suit was properly brought in the chancery oourt. Kirby’s Digest, <§ 5984; 52 Ark. 411; 56 Id. 370. This was not ;a suit in ejectment and no relief was asked except equitable relief. 2. The isuit was not barred by limitation. 92 Ark 167; 146 Ind. 186. 1. Appellee was in the actual, adverse, etc., possession of the land, claiming title and had the constitutional right to a trial at law. Const., art. 2, § 7; 56 Ark. 374; 65 Id. 505. 2. Kirby’s Digest, § 2754, provides a remedy for a defendant who is in possession of land, under…
1Opinion of the CourtKirby, J.
Appellant brought this suit in equity, claiming to be the owner of certain lands -and deraigning title thereto .and to have paid a certain amount for taxes for certain years, the last payment in 1895, and prayed that its title be quieted and appellee’s title declared void.
Appellee answered, denying that appellant was the owner of the lands or ever had been in possession thereof, deraigned his title thereto .and alleged that he had been in the actual, adverse possession thereof from 1882 and denied that any taxes had been paid by appellant as claimed and pleaded limitations and laches as his…
2Cited by1 opinion
- Turner v. Grove Land and Timber Co.Supreme Court of Arkansas · 1945