Rogers v. Sebastian County
Supreme Court of Arkansas
Appeal from the Circuit Court of Sebastian County. Hon. Felix I. Batson, Circuit Judge. The title to the lot donated, was divested by the non-performance of the condition, and reverted to the donor. 5 Iiam. 389; 18 Martin 221; 4 Kent 125; 2 Bl. Com. 156; 18 John. 104; 1 Aik. 383. The appellee relies on the following authorities to sustain the decree of the court below. Gould’s Dig., chap. 44, sec. 12; The Stale vs. Allis, 18 Ark. 289; Blackburn.
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Appeal from the Circuit Court of Sebastian County. Hon. Felix I. Batson, Circuit Judge. The title to the lot donated, was divested by the non-performance of the condition, and reverted to the donor. 5 Iiam. 389; 18 Martin 221; 4 Kent 125; 2 Bl. Com. 156; 18 John. 104; 1 Aik. 383. The appellee relies on the following authorities to sustain the decree of the court below. Gould’s Dig., chap. 44, sec. 12; The Stale vs. Allis, 18 Ark. 289; Blackburn. Ex parle, 5 Ark. 21; Adams rt al. vs. Logan counhj, 11 111. Rep. 336; Elwclland others vs. Tucker, 1 Blackf. 285; Armstrong and others vs. The Board…
1Opinion of the CourtJustice Fairchild
Previous to the 6th of May, 1852, Mitchell Sparks, Felix G, Ake and Zachariah Ilerrib}', as commissioners of Sebastian county, had located the seat of justice of that county at Fort Smith; and also seem to have determined upon putting up a court house on a certain part of block thirty-two, of the new addition to Fort Smith, as surveyed by Langtree, which land was then owned by the plaintiff.
To further this object, and with the expectation that Fort Smith would be the permanent county seat, and the ground so selected the permanent site of the court-house, the plaintiff and his wile, by a deed,…
2Cases cited2 opinions
- Meylin v. WoodfordIndiana Supreme Court · 1823
- Armstrong v. Board of CommissionersIndiana Supreme Court · 1836
3Cited by3 opinions
- City of Portland v. TerwilligerOregon Supreme Court · 1888
- Graham v. NixSupreme Court of Arkansas · 1912
- Schuman v. GeorgeSupreme Court of Arkansas · 1913