Stricklin v. Moore
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; 1. Proof of death while in possession of fend is prima facie proof of seizin in fee. 33 Ark. 150; 31 Ark. 334; 21 Ark. 62; 40 Ark. 108; 62 Ark. 51; 64 Ark. 100; 65 Ark. 422; 15 Cyc. 38; 39 N. W. 980. A complaint which alleges that plaintiffs- are owners of the land and entitled to- immediate possession thereof, and that defendant is in wrongful possession thereof, states a cause of action. 107 Pac.
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; 1. Proof of death while in possession of fend is prima facie proof of seizin in fee. 33 Ark. 150; 31 Ark. 334; 21 Ark. 62; 40 Ark. 108; 62 Ark. 51; 64 Ark. 100; 65 Ark. 422; 15 Cyc. 38; 39 N. W. 980. A complaint which alleges that plaintiffs- are owners of the land and entitled to- immediate possession thereof, and that defendant is in wrongful possession thereof, states a cause of action. 107 Pac. (Mont.) 819; 15 Cyc. 91; 74 Ark. 417; 79 Ark. 532; 44 S. W. (Ky.) 424; 128 S. W. (Ky.) 325. Title by plaintiffs acquired by adverse…
1Opinion of the CourtMcCulloch, C. J.
The plaintiffs, Bryant B. Stricklin, W. W. Stricklin and Fuller Stricklin, instituted this action in the circuit court of Bafayette County against defendant Moore to recover possession of a quarter section of land alleged to be in the wrongful possession of said defendant. The court sustained a demurrer to the complaint as amended, and, the plaintiffs declining to plead further, judgment was rendered against them.
Plaintiffs alleged in their complaint that they were the children and only héirs at law of Mary D. Stricklin, deceased; that their father, W. N. Stricklin, conveyed the land by deed,…
2Cases cited8 opinions
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Griffin v. SheffieldMississippi Supreme Court · 1860
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Percifull v. PlattSupreme Court of Arkansas · 1880
- Scott v. MillsSupreme Court of Arkansas · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hart v. SternbergSupreme Court of Arkansas · 1943
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- Faulkner v. FeazelSupreme Court of Arkansas · 1914
- Hinton v. MartinSupreme Court of Arkansas · 1922
9 more not listed; retrieve them via the Exa API.