Doe ex dem. Phillips' Heirs v. Porter
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Absent, Dickinson, Judge. This was an action of ejectment, brought by the heirs of Sylvanus Phillips for the recovery of a parcel or fraction of land containing three acres and eighty-two hundredths, as its quantity is stilled in the declaration; but which, owing to the abrasion of the Mississippi river, had been reduced, as shown by the plat, to three acres and seventy-one hundredths of an acre.
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Appeal from Phillips Circuit Court. Absent, Dickinson, Judge. This was an action of ejectment, brought by the heirs of Sylvanus Phillips for the recovery of a parcel or fraction of land containing three acres and eighty-two hundredths, as its quantity is stilled in the declaration; but which, owing to the abrasion of the Mississippi river, had been reduced, as shown by the plat, to three acres and seventy-one hundredths of an acre. The case was submitted to a jury on the general issue; and the facts and evidence in the case were agreed upon, and stated in writing, by the counsel for the…
1Opinion of the Court
Lacv, Judge,
delivered the opinon of the court:
The question now submitted for adjudication lies within a very narrow compass. It is, nevertheless, a question of considerable magnitude and interest, and one of no ordinary difficulty. Here we have given to the whole subject, and to every part of it, a most patient and full investigation.
i Both parties claim title to the land in controversy, under Sylvanus Phillips ; the lessors of the plaintiff, as his legal heirs and representatives; the defendant in the action, as a purchaser, for a valuable consideration, from his immediatevgrantees. The law…
2Cases cited9 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Carver v. JacksonSupreme Court of the United States · 1830
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Shipp v. Miller's HeirsSupreme Court of the United States · 1817
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Paxton v. Benedum-Trees Oil Co.West Virginia Supreme Court · 1917
- Gibson v. PickettSupreme Court of Arkansas · 1974
- Carter Oil Company v. WeilSupreme Court of Arkansas · 1946
- Wynn v. Sklar & Phillips Oil CompanySupreme Court of Arkansas · 1973
- Koon v. EmpeyIdaho Supreme Court · 1924
26 more not listed; retrieve them via the Exa API.