Stafford v. Watson
Supreme Court of Arkansas
APPEAL from JctcJcson Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. Plaintiff must recover on the strength of his own title, if at all, and not for want of title in defendant. 19' Ark., 201, 2. Plaintiff can only have such title as Baldwin and Jago. had under tax deed and that is void upon its face. 29 Ark... 476, 489. 3. There is no allegation that defendant claimed under same title with plaintiff, and as there is no allegation there-can be no proof. 24 Ark., 281; 2…
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APPEAL from JctcJcson Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. Plaintiff must recover on the strength of his own title, if at all, and not for want of title in defendant. 19' Ark., 201, 2. Plaintiff can only have such title as Baldwin and Jago. had under tax deed and that is void upon its face. 29 Ark... 476, 489. 3. There is no allegation that defendant claimed under same title with plaintiff, and as there is no allegation there-can be no proof. 24 Ark., 281; 2 Id., 513; 11 Id.,. 134-, 29 Id., 500. 4. In pleading a party may plead affirmatively, setting-up a defense, or…
1Opinion of the Court
Smith, J
This was ejectment for an undivided moiety of a quarter section of land. The plaintiff’s evidences of title consisted of — 1, A tax deed from the clerk of Jackson county to Baldwin and Jago, dated April 29, 1873 : 2, A deed of trust from Baldwin to a certain trustee for his interest in the premises, executed September 26, 1874, to secure the payment of a debt, with power to the trustee to sell and convey upon default; and, 3, A deed from the trustee to the plaintiff executed in pui-suance of said power. The complaint stated that the defendant was in possession of the whole tract and…
2Cases cited1 opinion
- Jackson ex dem. Bowne v. HinmanNew York Supreme Court · 1813
3Cited by3 opinions
- Jackson v. TateboWashington Supreme Court · 1892
- Eickhoff v. ScottSupreme Court of Arkansas · 1918
- Wood v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1913