Radcliffe v. Scruggs
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. Mrs. Tate had a clear and undisputed title to an undivided fourth of the south half of the tract, claiming under her patent and tax deed. She was a tenant in common, and as such had a right to the possession. Freeman on Cot. $ Part., sec 87; 1 Bouv. Inst., sec. 1881; I Wash.
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APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. Mrs. Tate had a clear and undisputed title to an undivided fourth of the south half of the tract, claiming under her patent and tax deed. She was a tenant in common, and as such had a right to the possession. Freeman on Cot. $ Part., sec 87; 1 Bouv. Inst., sec. 1881; I Wash. R. P., Ifth ed., 656. Being thus rightfully in possession she could not maintain ejectment, and must sue in equity. 36 Cal., 321. If the court has jurisdiction for one purpose, it will proceed to do. full justice as to all questions in the case, lip Ark.,…
1Opinion of the CourtSmith, J.
The bill states that Mrs. Tate, through Radcliffe, her trustee, is the owner of and in the possession of the west half of east half of section 5, township 1 north, range 10 west. That she claims title through the following chain of conveyances: 1. Certificate of purchase from the state to John A. Winston, dated November 18,1856. 2. Warranty deed from Winston to Albert Rust, dated December 17, 1868. 3. Deed from a chancery commissioner to James T. Pace, conveying all Rust’s interests, dated February 7, 1874. 4. Deed from Pace and wife to RadclifFe, as trustee for Mrs. Tate, dated March 3,…
2Cases cited1 opinion
- Eldridge v. KuehlSupreme Court of Iowa · 1869
3Cited by44 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- Fuller v. WilkinsonSupreme Court of Arkansas · 1939
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Carle v. GehlSupreme Court of Arkansas · 1937
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