Weaver v. Rush
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. James E. Riddick, Judge. STATEMENT BY THE COURT. It appears from the record in this cause that in the year 1868 a widow Cook resided on a portion of the northeast quarter of section fourteen, in township nine north, range six east, then in Cross, but now in Crittenden, county, Arkansas.
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Appeal from Crittenden Circuit Court. James E. Riddick, Judge. STATEMENT BY THE COURT. It appears from the record in this cause that in the year 1868 a widow Cook resided on a portion of the northeast quarter of section fourteen, in township nine north, range six east, then in Cross, but now in Crittenden, county, Arkansas. There is nothing in the record that convinces the court of the true character of her holding, whether as a mere squatter or by proper title under purchase from some one else. In 1868, John W. Roman, the ancestor, husband and intestate, respectively, of the plaintiffs in…
1Opinion of the Court
Hon. Jas. P. Brown, Special Judge
(after stating the facts). No principle of the law of ejectment is better settled than that where, a plaintiff proves that his ancestor died in possession of real estate, under color of title, and claiming to be the owner, he has proceeded far enough to make out at least a prima facie case; and that the defendant in such a case, if he would overcome the prima facie showing thus made by the plaintiff, must show, either in himself or some third party, a better title or right of possession than the plaintiff himself has. This canon of ejectment law does not mean,…
2Cases cited1 opinion
- Dawson v. ParhamSupreme Court of Arkansas · 1892
3Cited by19 opinions
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Wilson v. JohnsonSupreme Court of Florida · 1906
- Griffin v. DunnSupreme Court of Arkansas · 1906
- Nicklace v. DickersonSupreme Court of Arkansas · 1898
- Barton v. WilsonSupreme Court of Arkansas · 1915
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