Nicklace v. Dickerson
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. John B. McCaleb, Judge. The court erred in refusing to compel plaintiff to file muniments of title as exhibits.
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Appeal from Randolph Circuit Court. John B. McCaleb, Judge. The court erred in refusing to compel plaintiff to file muniments of title as exhibits. Sand. & H. Dig., § 2528; 38 Ark. 181. Had plaintiff shown that her ancestor died in posession under color of title, defendant would have to show a better title. 31 Ark. 334;.40 Ark. 108; 62 Ark. 51. The court erred in instructing tbe jury tbat “every material allegation set out in the complaint, and not specifically denied in the answer,” should be taken as confessed, and that evidence tending to disprove suchfacts should be disregarded. Thomps.…
1Opinion of the CourtHughes, J.
The appellee on the 7th day of December, 1893, instituted this action in the Randolph circuit court, and alleged that her ancestor, Wm. T. Skinner, died seised and possessed of the north half of the southeast quarter, the northeast quarter of the southwest quarter, and the west half of the southwest quarter, of section 1, which he occupied as a homestead; the northwest quarter of the northwest quarter of section 12; and the northeast quarter of the northeast quarter of section 11, township 18 north, range 2 east, and that she occupied one hundred and sixty acres thereof as a homestead; that…
2Cases cited6 opinions
- Weaver v. RushSupreme Court of Arkansas · 1896
- Carnall v. WilsonSupreme Court of Arkansas · 1860
- Sorrels v. SelfSupreme Court of Arkansas · 1884
- Davis v. GoodmanSupreme Court of Arkansas · 1896
- Ferguson v. PedenSupreme Court of Arkansas · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
- McElvaney v. SmithSupreme Court of Arkansas · 1905
- Utley v. RuffSupreme Court of Arkansas · 1973
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Dial v. ArmstrongSupreme Court of Arkansas · 1938
11 more not listed; retrieve them via the Exa API.