Legal Opinion

Staples v. Freeman

Supreme Court of Arkansas

Decided December 23, 1918Published

Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor ; STATEMENT OP PACTS. The appellant sued the appellee, seeking to enjoin the latter from trespassing upon a certain tract of land which he described in his complaint.

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Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor ; STATEMENT OP PACTS. The appellant sued the appellee, seeking to enjoin the latter from trespassing upon a certain tract of land which he described in his complaint. The appellant alleged that he was the owner of the land having purchased the same from one E. L. Wilder on the 4th day of December, 1917; that at the time of its purchase the land was unoccupied ; that he had his deed recorded on January 26, 1918; that the appellee had entered upon the land over the objection of the appellant and was proceeding to plow and prepare…

1Opinion of the Court

WOOD, J.,

(after stating the facts). The appellee did not have his lease recorded. Therefore, the appellant was not bound to take notice thereof. The burden was upon the appellant to establish his title, and this he did by introducing his deed from the vendor, under whom also the appellee claimed the right of possession by virtue of his lease. Appellee having set up a right of possession adverse to the owner of the fee, the burden was upon him to establish his right to such possession by showing that the appellant had actual notice of his possession, or had knowledge of such facts as would…

2Cases cited2 opinions

  1. Knapp v. BaileySupreme Judicial Court of Maine · 1887
  2. Love v. CowgerSupreme Court of Arkansas · 1917

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