McMillan v. Morgan
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver; Chancellor; statement by the court. W. S. Morgan and W. H. Fagan instituted this action in •the chancery court of Clark County against Dougald McMillan and Wm.
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Appeal from Clark Chancery Court; James D. Shaver; Chancellor; statement by the court. W. S. Morgan and W. H. Fagan instituted this action in •the chancery court of Clark County against Dougald McMillan and Wm. Gerig to cancel certain deeds as a cloud upon the title of the plaintiff Morgan in and to the following described lands, situated in Clark County, Arkansas, to-wit: the S. E. Y of the S. E. Y of sec. 33, and S. W. Y of S. W. Y °f sec- 34> all in township 5 south, range 22 west, containing 80 acres, more or less. The plaintiff W.' H. Fagan entered certain lands of the United States in…
1Opinion of the Court
Hart, J.,
(after stating the facts.) In the cases of Chapman & Dewey Land Co. v. Bigelow, 77 Ark. 347, and St. Louis Refrigerator & Wooden Gutter Co. v. Thornton, 74 Ark. 383, it was held that in actions to quiet title the plaintiff must succeed, if at all, as in actions of ejectment, upon the strength of his own title, and can not rely upon the weakness of that of his adversary. Tested by this rule,- we are of the opinion that the appellee Morgan was not entitled to prevail in this suit, because he has no -title to the lands in controversy. The evidence of both himself and his grantor, Fagan,…
2Cases cited2 opinions
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- American Freehold Land Mortgage Co. v. McManusSupreme Court of Arkansas · 1900
3Cited by9 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Southern Farmers Assn., Inc. v. WyattSupreme Court of Arkansas · 1962
- Bullock v. DuersonSupreme Court of Arkansas · 1910
- Parker v. CherrySupreme Court of Arkansas · 1946
- Gentry v. JettDistrict Court, W.D. Arkansas · 1959
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