Coleman v. Hill
Supreme Court of Arkansas
APPEAL from Clark Circuit Court in Chancery. Hon. H. B. Stuart, Circuit Judge. The act of Congress, approved September 15, 1851, vested in the State the swamp lands from its date. Rose’s Digest, 71¡.6; 80 Ark., 346. By the act of 1851 the commissioners were authorized to sell, and upon sale the title of the State passed to the purchaser. 1 b.
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APPEAL from Clark Circuit Court in Chancery. Hon. H. B. Stuart, Circuit Judge. The act of Congress, approved September 15, 1851, vested in the State the swamp lands from its date. Rose’s Digest, 71¡.6; 80 Ark., 346. By the act of 1851 the commissioners were authorized to sell, and upon sale the title of the State passed to the purchaser. 1 b. A sale of the lánd by the land agent is no excuse for refusing to issue a patent certificate to a purchaser from the commissioners, while they were authorized to sell. (Rose’s Digest, p. 747, sec. 11.) A land agent could not be required to issue a patent…
1Opinion of the CourtCockrill, C. J.
1. Swamp Lands: Conflicting entries.
In its inception this was an action of ejectment by C. S. Hill against Coleman, for forty acres of land. Each party claimed title to the tract by patent from the State, issued under the swamp land laws. The patent under which Hill asserted title was the older in date, but Coleman claimed a superior equity. It appears from the record that his vendor, John Newton, entered the land on the tenth of December, 1853, and received a certificate of purchase therefor from the swamp land commissioner. On May 29, 1855, he surrendered this certificate to the land agent…
2Cases cited1 opinion
- Johnson v. TowsleySupreme Court of the United States · 1871
3Cited by12 opinions
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- Phillips v. JonesSupreme Court of Arkansas · 1906
- Langston v. LangstonCourt of Appeals of Arkansas · 1981
- Rozell v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1905
- Hibben v. MaloneSupreme Court of Arkansas · 1908
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