Brinneman v. Scholem
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; Bdward D. Robertson, 'Chancellor; The donation deed was void. 66 Ark. 48. The State is liable, only to the extent of the power actually given its officers. 39 Ark. 580. The patent issued by the State to appellant is evidence of title in appellant. 39 Ark. 120. Therefore the burden of proof is upon appellee to show a superior right. The donation deed is valid, and appellee acquired a good title.
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Appeal from Woodruff Chancery Court; Bdward D. Robertson, 'Chancellor; The donation deed was void. 66 Ark. 48. The State is liable, only to the extent of the power actually given its officers. 39 Ark. 580. The patent issued by the State to appellant is evidence of title in appellant. 39 Ark. 120. Therefore the burden of proof is upon appellee to show a superior right. The donation deed is valid, and appellee acquired a good title. Kirby’s Dig., § § 4820, 4802, 4804; 49 Ark. 266; 56 Ark. 276; 43 Ark. 543. Besides, the two years statute of limitation, under the donation deed, gave appellee a…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action in the chancery court of Woodruff County in September, 1907, against appellant to quiet his title to a tract of land containing forty acres in that county, and to cancel, as a cloud on his title, a deed to appellant by the Commissioner of State Lands as swamp and overflowed land. The facts are undisputed. The land in controversy was swamp and overflowed land, within the meaning of the act of Congress of September 28, 1850, granting such lands to the State of Arkansas, and was duly selected as such prior to March 3, 1857, the date of the act of Congress…
2Cases cited4 opinions
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Floyd v. RicksSupreme Court of Arkansas · 1853
- St. Louis Refrigerator & Wooden Gutter Co. v. LangleySupreme Court of Arkansas · 1898
- Chism v. PriceSupreme Court of Arkansas · 1891
3Cited by6 opinions
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Union Sawmill Co. v. PaganSupreme Court of Arkansas · 1927
- Fiddyment v. BatemanSupreme Court of Arkansas · 1910
- Jones v. EuperSupreme Court of Arkansas · 1930
- Temple v. Bradley Lumber Co.Supreme Court of Arkansas · 1914
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