Cottonwood Lumber Co. v. Walker
Supreme Court of Arkansas
Appeal from Lee Circuit Court; Hanee N. Hutton, Judge; STATEMENT BY THE COURT. On November 4, 1904, the appellee and other heirs of Josiah Hawkins brought this suit against appellant to recover the possession of a certain tract of land in Lee County. Josiah Hawkins died in 1890, leaving surviving him the appellee and other children and grandchildren.
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Appeal from Lee Circuit Court; Hanee N. Hutton, Judge; STATEMENT BY THE COURT. On November 4, 1904, the appellee and other heirs of Josiah Hawkins brought this suit against appellant to recover the possession of a certain tract of land in Lee County. Josiah Hawkins died in 1890, leaving surviving him the appellee and other children and grandchildren. In their complaint the plaintiffs alleged that their ancestor died intestate, and deraigned title through him from the government. They alleged that defendants were in the unlawful possession of the lands. They set up that appellants claimed…
1Opinion of the Court
Wood, J.,
(after stating the facts). The allegations of the original complaint showed that appellee and others, the heirs of Josiah Hawkins, deceased, brought this suit as tenants in common, setting up that their ancestor died intestate, leaving them as his heirs and that as such they inherited the land in controversy. They therefore set up title to the land by descent. The facts alleged in the complaint showed that the appellee was not seeking to recover the entire tract for the benefit of the other tenants in common. We do not decide therefore in this case the question as to whether one…
Also in this document: Dissent.
2Cases cited7 opinions
- Wood v. WoodSupreme Court of Arkansas · 1894
- Gannon v. MooreSupreme Court of Arkansas · 1907
- Choctaw, Oklahoma & Gulf Railroad v. HickeySupreme Court of Arkansas · 1907
- Patrick v. WhitelySupreme Court of Arkansas · 1905
- Covington v. BerrySupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bridgman v. DrillingSupreme Court of Arkansas · 1951
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- Kennedy v. PottsNebraska Supreme Court · 1935
- Renner v. Progressive Life InsuranceSupreme Court of Arkansas · 1937
- Cummings v. Greif Bros. Cooperage Co.Court of Appeals for the Eighth Circuit · 1953
1 more not listed; retrieve them via the Exa API.