State v. Taylor
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; W. J. Driver, Judge; 1. Congress by act June 23,1836, vested the title to the school lands in the State as trustee. It is incumbent therefore for appellees to deraign title from the State. 19 Ark. 308. ' 2. Appellees do not claim to own the lands by virtue of any patent issued by the State.
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Appeal from Craighead Circuit Court, Lake City District; W. J. Driver, Judge; 1. Congress by act June 23,1836, vested the title to the school lands in the State as trustee. It is incumbent therefore for appellees to deraign title from the State. 19 Ark. 308. ' 2. Appellees do not claim to own the lands by virtue of any patent issued by the State. The notations and excerpts from the register of school lands, sold and unsold, plats, etc., show, if anything, payment in Confederate money bought at five cents on the dollar. These records serve no useful purpose and are irrelevant and incompetent.…
1Opinion of the Court
HART, J.,
(after stating the facts). The majority of the court is of the opinion that the question of whether or not the State has granted these lands to the defendants is a judicial one, dependent upon the facts, and that the finding of the circuit court in favor of the defendants can be sustained on the doctrine of presumptions of grants as announced in Carter v. Goodson, 114 Ark. 62. The principle upon which this doctrine rests arises from the general infirmity of human nature, the difficulty of preserving muniments of title, and the policy of supporting long and uninterrupted possession of…
2Cases cited4 opinions
- United States v. ChavesSupreme Court of the United States · 1895
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Carter v. GoodsonSupreme Court of Arkansas · 1914
- Hays v. United StatesSupreme Court of the United States · 1899
3Cited by6 opinions
- Barclay v. TusseySupreme Court of Arkansas · 1976
- Carter v. StewartSupreme Court of Arkansas · 1921
- Trustees of Schools of Township No. 8 v. LillyIllinois Supreme Court · 1940
- Miller v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1949
- Rhodes v. Earl Gill Enterprises, Inc.Supreme Court of Arkansas · 1968
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