Legal Opinion

Bettison v. Budd

Supreme Court of Arkansas

Decided January 15, 1856PublishedCited by 15 opinions

Appeal from Pulaski Ovrcmt Oowt. Hon. William H. Feild, Circuit Judge. On the 24th April, 1852, Joseph R. Bettison brought ejectment against John J. Budd, in Pulaski Circuit Court before the Hon. Wm. H. Feild, Circuit Judge, to recover possession of lots one, two, three and fov/r, in fractional block, twelve, in Pope’s addition to the city of Little Rock.

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Appeal from Pulaski Ovrcmt Oowt. Hon. William H. Feild, Circuit Judge. On the 24th April, 1852, Joseph R. Bettison brought ejectment against John J. Budd, in Pulaski Circuit Court before the Hon. Wm. H. Feild, Circuit Judge, to recover possession of lots one, two, three and fov/r, in fractional block, twelve, in Pope’s addition to the city of Little Rock. Defendant pleaded the general issue, limitation of ten years, and also that he purchased the premises at tax sale, and was in possession, under his purchase, for more than five years before suit brought. There were other pleadings in the…

1Opinion of the Court

Hon. ThoMas JoblwsoN, Special Judge,

delivered the opinion of the Court.

There being no motion for a new trial, no question can arise except such as relate to the admissibility of the evidence to establish the issues made by the pleadings. The deed from the defendant and wife to the plaintiff, and those introduced by the defendant having been executed for the same identical property, it is believed to be proper in the first place to determine which shall prevail. This deed of the plaintiff is not incorporated in the bill of exceptions, yet, inasmuch as it is there alleged to have been duly…

2Cases cited1 opinion

  1. Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831

3Cited by15 opinions

  1. Williamson v. RussellWest Virginia Supreme Court · 1881
  2. Sims v. PetreeSupreme Court of Arkansas · 1944
  3. Brown v. Atlanta National Building & Loan Ass'nSupreme Court of Florida · 1903
  4. Billingsley v. LipscombSupreme Court of Arkansas · 1947
  5. Weichselbaum v. CurlettSupreme Court of Kansas · 1878

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