Nunn v. Lynch
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; -Edward D. Robertson, Chancellor; This court has held: “Color of title is defined to be that which in appearance is title, but which in reality is no title.” 47 Ark. 528; 67 Ark. 188. It has also held that the contents of the will were not established. 73 Ark. 20. The question as to the contents of the alleged will is no clearer now than on the former appeal. Hence the court erred in taking into consideration the question of improvements.
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Appeal from Woodruff Chancery Court; -Edward D. Robertson, Chancellor; This court has held: “Color of title is defined to be that which in appearance is title, but which in reality is no title.” 47 Ark. 528; 67 Ark. 188. It has also held that the contents of the will were not established. 73 Ark. 20. The question as to the contents of the alleged will is no clearer now than on the former appeal. Hence the court erred in taking into consideration the question of improvements. A will, though ineffectual as a devise of property, may be color of title such as to sustain a claim for betterments;…
1Opinion of the CourtMcCulloch, J.
Appellants instituted an action at law against appellees to recover possession of certain lands and the rents thereof. Appellees obtained a transfer to equity, claiming title to the lands under a lost will of Sallie A. Becton, and undertook to prove the execution and contents of said will. The chancery court decided in favor of appellees, but on appeal this court decided that the evidence was not sufficient to establish the alleged lost will, and remanded the case with directions to enter a decree in favor of appellants. Nunn v. Lynch, 73 Ark. 20.
After the case was remanded, appellees…
2Cases cited4 opinions
- White v. StokesSupreme Court of Arkansas · 1899
- Bloom v. StraussSupreme Court of Arkansas · 1902
- Nunn v. LynchSupreme Court of Arkansas · 1904
- Howard v. StateSupreme Court of Arkansas · 1904
3Cited by9 opinions
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1915
- Rodgers v. MasseySupreme Court of Arkansas · 1942
- Abraham v. HatchettSupreme Court of Arkansas · 1917
- Bigelow v. Indemnity Insurance Co. of North AmericaSupreme Court of Iowa · 1928
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