Eagle v. Franklin
Supreme Court of Arkansas
Appeal from Nevada Circuit Court in Chancery. Joel D. Conway, Judge. STATEMENT BY THE COURT. Barbara Franklin brought this action in the circuit court to obtain a decree for partition of certain lands described in the complaint, and which the complaint alleged were owned by the plaintiff and defendant as tenants in common. The answer of the defendant set up that he was in the actual possession of the land under claim of title to the whole tract.
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Appeal from Nevada Circuit Court in Chancery. Joel D. Conway, Judge. STATEMENT BY THE COURT. Barbara Franklin brought this action in the circuit court to obtain a decree for partition of certain lands described in the complaint, and which the complaint alleged were owned by the plaintiff and defendant as tenants in common. The answer of the defendant set up that he was in the actual possession of the land under claim of title to the whole tract. From the facts stated in the pleadings in the complaint, it appears that the land in question was purchased from the state by Julius Eagle’s brother…
1Opinion of the Court
Biddick, J.,
(after stating the facts). To entitle one to have partition of lands, he must not only have title, but must have possession, either actual or constructive, of the lands which'he asks to have partitioned. If there be no dispute about the title, the possession of one tenant in common will be deemed for the benefit of all his co-tenants; but, if the allegations of the answer in this case are true, the defendant is in the exclusive possession of the premises which plaintiff seeks to have partitioned, holding them adversely under color of title.
The answer, therefore, if we follow our…
2Cases cited1 opinion
- London v. OverbySupreme Court of Arkansas · 1882
3Cited by9 opinions
- LaCotts v. PikeSupreme Court of Arkansas · 1909
- Cannon v. StevensSupreme Court of Arkansas · 1908
- Simmons v. TurnerSupreme Court of Arkansas · 1926
- Hill v. Cherokee Construction Co.Supreme Court of Arkansas · 1911
- Camp v. SmithCourt of Appeals of Texas · 1914
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