Taylor v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. This action was brought, under the provisions of Sand. & H. Dig., ch. 85, p. 928, to recover damages for trespass upon certain lands, which it was alleged the state owned, by cutting and removing therefrom certain timber and ties. The answer denied the taking of the timber and ties, as alleged in the complaint, and denied that the state was the owner of the land, timber and ties.
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Appeal from Greene Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. This action was brought, under the provisions of Sand. & H. Dig., ch. 85, p. 928, to recover damages for trespass upon certain lands, which it was alleged the state owned, by cutting and removing therefrom certain timber and ties. The answer denied the taking of the timber and ties, as alleged in the complaint, and denied that the state was the owner of the land, timber and ties. On the trial, over the objections of appellants, and to which they at the time excepted, the court permitted the appellee to introduce…
1Opinion of the Court
Wood, J.,
(after stating the facts). It may be conceded that the certified copy of the original clerk’s certificate of lands forfeited to the state for the non-payment of taxes made by the state land commissioner, which he states was made from the original on file in his office, was properly admitted in evidence, and that it was sufficient to show prima facie title in the state to the lands in controversy. Still, under the facts of this case, that would not enable the state to maintain this action. For it is shown by the uncontradicted proof that there was no certificate attached to the record…
2Cases cited3 opinions
- Martin v. AllardSupreme Court of Arkansas · 1891
- Gates v. KelseySupreme Court of Arkansas · 1893
- Ledbetter v. FitzgeraldSupreme Court of Arkansas · 1839
3Cited by9 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Schmidt v. StearmanCourt of Appeals of Arkansas · 2007
- Cook v. Ziff Colored Masonic Lodge No. 119Supreme Court of Arkansas · 1906
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