White v. Stokes
Supreme Court of Arkansas
Appeal from Craighead Circuit Court in Chancery. STATEMENT BY THE COURT. In the year 1876, Dick White died intestate, unmarried and without issue, seized and possessed of the lands in controversy in this cause. He left surviving him, his father, William White, and appellants, who are his brothers and sisters and persons standing in the title of brothers and sisters who are dead. The land is not an ancestral estate, but a new acquisition.
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Appeal from Craighead Circuit Court in Chancery. STATEMENT BY THE COURT. In the year 1876, Dick White died intestate, unmarried and without issue, seized and possessed of the lands in controversy in this cause. He left surviving him, his father, William White, and appellants, who are his brothers and sisters and persons standing in the title of brothers and sisters who are dead. The land is not an ancestral estate, but a new acquisition. In 1892 William White sold the land to the appellee, D. H. Stokes, for $200, making him a bond for title undertaking to convey it in fee simple upon payment…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) A majority of the court are of the opinion that the demurrer to the complaint in this case should have been sustained. There are many authorities upon which this conclusion may be sustained. According to the;e authorities, the occupant of land without title cannot maintain an original action for the value of improvements made thereon by him until possession is demanded by the owner, or until an action is brought which, if successful, will oust him.
The pertinent sections of the act under which this action was brought (Acts 1883, p. 106, § 1—4) are as…
2Cases cited8 opinions
- Wright v. MattisonSupreme Court of the United States · 1856
- Osterman v. BaldwinSupreme Court of the United States · 1867
- Hershey v. ThompsonSupreme Court of Arkansas · 1888
- Asia v. HiserSupreme Court of Florida · 1886
- Thompson v. BrazileSupreme Court of Arkansas · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Beasley v. Equitable Securities Co.Supreme Court of Arkansas · 1904
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
- Townsend v. PenroseSupreme Court of Arkansas · 1907
14 more not listed; retrieve them via the Exa API.