Evans v. Percifull
Supreme Court of Arkansas
This was an action of ejectment, determined in the Pulaski Circuit Court, at September term, 1840, before the Hon. Joiin J. Clex-deNin, one of the circuit judges. Percifull sued Evans for a tract of land, in said county, being the S. W. i of sec. 9, T. 2 N., R. 7 W., containing 1G0 acres. Black was made co-defendant on motion. PJea of the genera! issue entered by both defendants, and joinder,in short, by consent. At the trial, the jury found for Percifull.
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This was an action of ejectment, determined in the Pulaski Circuit Court, at September term, 1840, before the Hon. Joiin J. Clex-deNin, one of the circuit judges. Percifull sued Evans for a tract of land, in said county, being the S. W. i of sec. 9, T. 2 N., R. 7 W., containing 1G0 acres. Black was made co-defendant on motion. PJea of the genera! issue entered by both defendants, and joinder,in short, by consent. At the trial, the jury found for Percifull. The defendants, during the trial, excepted to the admission of the evidence offered by Percifull, and filed two bills of exception. The…
1Opinion of the Court
By the Court,
Sebastian, J.
The question whether the admission of 'the deed from the auditor of the Territory, was error in the circuit court is not necessarily presented by the record for adjudication. Nor is it, in the view which we entertain, necessary to decide how far the deed was competent to prove title to the premises in question. Whether the deed was properly admitted or not, is a mere question of practice as to the proper order of making proof of the facts. The deed and record of the proceedings in the suit'for confirmation, were virtually introduced together. The effect of the decree…
2Cases cited2 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Thompson v. TolmieSupreme Court of the United States · 1829
3Cited by6 opinions
- Strawn v. CampbellSupreme Court of Arkansas · 1956
- Bynum v. Patty and Devilbiss v. ThompsonSupreme Court of Arkansas · 1944
- Woodruff County v. Road Improvement District No. 14Supreme Court of Arkansas · 1923
- Hanson v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1933
- Opinion No., Arkansas Attorney General Reports1997
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