Smith v. Hollis
Supreme Court of Arkansas
APPEAL from Calhoun Circuit Court. Hon. B. F. Askew, Circuit Judge. If, at the time of said purchase by Yeager of said lands, they were not really swamp and overflowed lands, but dry lands, then they did not belong to the state, but to the the general government, and Yeager obtained a good title, which could not be afterward set aside by the'government.
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APPEAL from Calhoun Circuit Court. Hon. B. F. Askew, Circuit Judge. If, at the time of said purchase by Yeager of said lands, they were not really swamp and overflowed lands, but dry lands, then they did not belong to the state, but to the the general government, and Yeager obtained a good title, which could not be afterward set aside by the'government. Mitchell v. Branch, Ark., J¡.31. If the lands were never swamp and overflowed, as the last proof shows, and upon this appellee claims title, then . the entry of Yeager was good, and appellant’s title should prevail; and they never passed to…
1Opinion of the CourtSmith, J.
In this ejectment the plaintiff claimed under a tax deed based upon a sale for non-payment of taxes for the years 1874-5, and the defendant under a homestead entry. The issue was tried, by consent, before the court, without a jury, upon the title papers exhibited with the pleadings and an agreed statement of facts. The findings and judgment were for the defendant. The plaintiff excepted to the findings, opinion, ruling and judgment; but tendered no bill of exceptions, and did not ask for a re-trial. No special declarations of law were moved, and none were given by the court of its own motion.
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2Cases cited2 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- French v. FyanSupreme Court of the United States · 1876
3Cited by18 opinions
- Little v. WilliamsSupreme Court of Arkansas · 1908
- Patterson v. CarterSupreme Court of Oklahoma · 1921
- James v. JacksonSupreme Court of Oklahoma · 1911
- Gates v. School DistrictSupreme Court of Arkansas · 1893
- Belcher v. HarrSupreme Court of Arkansas · 1910
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