Seldon v. Dudley E. Jones Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. The complaint stated a cause of action. 5 Ballard, Real Prop. 100; 59 Ark. 629; 65 Ark. 103. Possession follows title, in the absence of any possession adverse to it. 23 Ark. 735; 43 Ark. 409; 63‘Ark. 1; 69 Ark. 424. The tax sale was void. 55 Ark. 549; 70 Ark. 257; 65 Ark. 595. If dower in land has not been set apart to the widow, she can have no right of possession. 11 Ark. 212; 40 Ark. 69. The appellant being in possession, the covenant…
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Appeal from Pulaski Circuit Court. The complaint stated a cause of action. 5 Ballard, Real Prop. 100; 59 Ark. 629; 65 Ark. 103. Possession follows title, in the absence of any possession adverse to it. 23 Ark. 735; 43 Ark. 409; 63‘Ark. 1; 69 Ark. 424. The tax sale was void. 55 Ark. 549; 70 Ark. 257; 65 Ark. 595. If dower in land has not been set apart to the widow, she can have no right of possession. 11 Ark. 212; 40 Ark. 69. The appellant being in possession, the covenant is not broken until after, eviction. 1 Ark. 313; 5 Ark. 395; 33 Ark. 393; 65 Ark. 495-
1Opinion of the CourtHile, C. J.
The only question,in the case is the sufficiency of the complaint. A general demurrer to it was sustained. It alleges in substance that on the 12th of July, 1898, the defendant conveyed to plaintiff (appellant here) certain real estate in Lonoke County. That said lands were wild and unimproved, and no one in possession thereof by occupancy. That the defendant warranted the title by the statutory warranty conveyed in the terms “grant, bargain and sell,” and specially convenanted, in addition thereto: “and the Dudley E. Jones Company hereby covenants with the said George E. Seldon that it will…
2Cases cited15 opinions
- Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
- Abbott v. RowanSupreme Court of Arkansas · 1878
- Bigelow v. HubbardMassachusetts Supreme Judicial Court · 1867
- Livingston v. CochranSupreme Court of Arkansas · 1878
- Pate v. MitchellSupreme Court of Arkansas · 1861
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Cover v. . McAdenSupreme Court of North Carolina · 1922
- Smith v. Boynton Land & Lumber Co.Supreme Court of Arkansas · 1917
- Union Sawmill Co. v. PaganSupreme Court of Arkansas · 1927
- Crawford County Bank v. BakerSupreme Court of Arkansas · 1910
- Crawford v. McDonaldSupreme Court of Arkansas · 1907
15 more not listed; retrieve them via the Exa API.