Carter v. Goodson
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; STATEMENT BY THE COURT. This is an action of ejectment by E. L. Carter against A. L. Goodson, Jacob Goodson and Mrs. Laura West, to recover the possession of the northwest quarter of the northeast quarter of section 6, township 4 north, range 20 west, 47.41 acres of land, in Yell County, Arkansas.
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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; STATEMENT BY THE COURT. This is an action of ejectment by E. L. Carter against A. L. Goodson, Jacob Goodson and Mrs. Laura West, to recover the possession of the northwest quarter of the northeast quarter of section 6, township 4 north, range 20 west, 47.41 acres of land, in Yell County, Arkansas. The facts are as follows: The land in controversy was originally swamp land, and a patent therefor was executed by the United States to the State of Arkansas. The plaintiff, Carter, purchased the land from the Commissioner of…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for defendant seek to uphold the judgment upon the doctrine of the presumption of a grant after a long lapse of time. In discussing this question, in the case of Fletcher v. Fuller, 120 U. S. 534, at page 545, Mr. Justice Fields, speaking for the court, said:
“When, possession and nse are long continued they create a presumption of lawful origin; that is, that they are founded upon such instruments and proceedings as in law would pass the right to the possession and use of the property. It may be, in point of fact, that permission. to occupy and use…
2Cases cited3 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Fletcher v. FullerSupreme Court of the United States · 1887
- United States v. ChavesSupreme Court of the United States · 1895
3Cited by12 opinions
- Wallace v. HillSupreme Court of Arkansas · 1918
- Barclay v. TusseySupreme Court of Arkansas · 1976
- Koonce v. WoodsSupreme Court of Arkansas · 1947
- Carter v. StewartSupreme Court of Arkansas · 1921
- Trustees of Schools of Township No. 8 v. LillyIllinois Supreme Court · 1940
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