McCoy v. Anderson
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; 1. A plaintiff in ejectment must rely upon the strength of his own title. 92 Ark. 87. The burden of proof was on appellee on filing the cross-bill. The rule is applied in suits to remove clouds or quiet title. 74 Ark. 202; 80 Id. 34; 87 Id. 185; 155 U. S. 404. 2. Appellee seeks to divest title from Lucinda Morris and acquire title on the theory that Lucinda held as trustee for her husband Anderson Morris.
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Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; 1. A plaintiff in ejectment must rely upon the strength of his own title. 92 Ark. 87. The burden of proof was on appellee on filing the cross-bill. The rule is applied in suits to remove clouds or quiet title. 74 Ark. 202; 80 Id. 34; 87 Id. 185; 155 U. S. 404. 2. Appellee seeks to divest title from Lucinda Morris and acquire title on the theory that Lucinda held as trustee for her husband Anderson Morris. Trusts are of two classes, express and implied. 10 Ark. 145. But the testimony does not establish either. There was no proof of a…
1Opinion of the CourtHumphreys, J.
On the 21st day of March, 1917, appellants instituted suit against appellee in the Desha Chancery Court to quiet the title in them against appellee to lots 23, 24 and 25 in block 52, in Highland Addition to the town of Arkansas City. They alleged that Ellen Tucker Morris acquired ownership of the land by adverse possession and died seized and possessed thereof; and that they were her grandchildren and only heirs and acquired title thereto by inheritance from her. They also alleged that appellee claimed title to the property by inheritance from Lucinda Morris, but that her claim was without…
2Cases cited5 opinions
- Jacks v. DyerSupreme Court of Arkansas · 1876
- Nicklace v. DickersonSupreme Court of Arkansas · 1898
- Carnall v. WilsonSupreme Court of Arkansas · 1860
- Ferguson v. PedenSupreme Court of Arkansas · 1878
- Foster v. ElledgeSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Jackson v. GregorySupreme Court of Arkansas · 1945
- Brooks v. JohnsonSupreme Court of Arkansas · 1971