Foster v. Elledge
Supreme Court of Arkansas
Appeal from Lee Circuit Court; Hance N. Button, Judge; STATEMENT BY THE COURT. Appellants, claiming to be tbe children and sole heirs at law of Drew S. Foster, deceased, brought suit in ejectment against the appellee, alleging that said ancestor was the owner of the eighty acres of land, describing it, in his lifetime, having acquired the same by donation deed from the.State of Arkansas; that the land was occupied as his homestead; that he died seized and possessed thereof,…
Read the full summary
Appeal from Lee Circuit Court; Hance N. Button, Judge; STATEMENT BY THE COURT. Appellants, claiming to be tbe children and sole heirs at law of Drew S. Foster, deceased, brought suit in ejectment against the appellee, alleging that said ancestor was the owner of the eighty acres of land, describing it, in his lifetime, having acquired the same by donation deed from the.State of Arkansas; that the land was occupied as his homestead; that he died seized and possessed thereof, and that appellee was in possession without right, claiming to be the owner. Appellee denied that appellants were the…
1Opinion of the CourtKirby, J.
(after stating the facts). Appellants’ allegations that they were the children and only heirs of D. S. Foster; that he was the owner of the land in his life time and occupied same as his homestead and died seized and possessed thereof are statements of fact sufficient to show prima facie title in them, as required under the law. Section 2742 Kirby’s Digest; Shirey v. Culberhouse, 41 Ark. 98.
Appellee, having admitted the former ownership of the lands by appellants ’ ancestor and claiming the lands through the same common source of title, upon the introduction of proof, showing that they were…
2Cases cited8 opinions
- Calloway v. CossartSupreme Court of Arkansas · 1885
- Campbell v. JonesSupreme Court of Arkansas · 1889
- Smith v. LaatschIllinois Supreme Court · 1885
- Nicklace v. DickersonSupreme Court of Arkansas · 1898
- Carpenter v. JonesSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Southern Farmers Assn., Inc. v. WyattSupreme Court of Arkansas · 1962
- White v. MoffettSupreme Court of Arkansas · 1913
- Morrison v. CarruthCourt of Appeals of Arkansas · 2015
- Buckhannan v. NashDistrict Court, E.D. Arkansas · 1963
- McCoy v. AndersonSupreme Court of Arkansas · 1918
3 more not listed; retrieve them via the Exa API.