Lawrence v. Zimpleman
Supreme Court of Arkansas
APPEAL from Garland Circuit- Court. Hon. J. M. Smith, Circuit Judge. I. The patent to Dupas Was void for uncertainty, there being no proof to identify the land. Nor was there any proof of Dupas’ death, and if dead, his widow could convey nothing but dower, and that only to the party holding the fee. 21 Ark., 347. The tax deeds were no part of the record. Acts, March 5, 1875 ; Acts 1874-5, p. 229. II.
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APPEAL from Garland Circuit- Court. Hon. J. M. Smith, Circuit Judge. I. The patent to Dupas Was void for uncertainty, there being no proof to identify the land. Nor was there any proof of Dupas’ death, and if dead, his widow could convey nothing but dower, and that only to the party holding the fee. 21 Ark., 347. The tax deeds were no part of the record. Acts, March 5, 1875 ; Acts 1874-5, p. 229. II. The burden of proof was on appellee to prove possession, without which his case becomes an ejectment bill, and the court had no jurisdiction. 27 Ark., 233 ; lb., 77. III. The tax deed to Kempner…
1Opinion of the Court
W. W. Smith, Special Judge.
k title* Zimpleman filed this bill to remove a cloud from his title to a tract of land, by a tax sale made June 9, 1873, for the taxes of 1872, at which Lawrence became the purchaser. He alleges, somewhat indistinctly, that he is in possession of the premises, but this is denied by the answer, and it is averred that Lawrence has had peaceable possession ever since the year 1875. There is not a particle of proof in the record to show with whom the possession is, or whether the land is wild and unoccupied.
entitled to To obtain the relief sought, the plaintiff must be…
2Cases cited3 opinions
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Moore v. CordWisconsin Supreme Court · 1861
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- Glos v. PeopleIllinois Supreme Court · 1913
- Wheatland Grain & Lumber Co. v. DowdenSupreme Court of Oklahoma · 1910
- McKim v. McLineySupreme Court of Arkansas · 1971
- Ordway v. CowlesSupreme Court of Kansas · 1891
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