Poole v. Oliver
Supreme Court of Arkansas
Appeal from Calhoun Chancery Court; E. 0. Mahoney, Chancellor; 1. The burden was on plaintiff to show title in himself. He has failed. There was no evidence of possession. 64 Ark. 100. 2. Appellee was a purchaser by parol, paid the price, entered into possession, made valuable improvements and held adverse possession for thirty years.
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Appeal from Calhoun Chancery Court; E. 0. Mahoney, Chancellor; 1. The burden was on plaintiff to show title in himself. He has failed. There was no evidence of possession. 64 Ark. 100. 2. Appellee was a purchaser by parol, paid the price, entered into possession, made valuable improvements and held adverse possession for thirty years. This gave him title. 21 Ark. 137; 42 Id. 246; 71 Id. 364; 35 E. R. A. 835. 3. Color of title is only- necessary to show the nature or character of possession and the boundaries of claim. 50 Ark. 345; 33 Id. 155. Possession of a part under color of title for the…
1Opinion of the CourtMoCurroch, C. J.
This case involves the title to -a tract of land in Calhoun County, containing forty acres. The plaintiff, Jeptha Oliver, originally owned the land, and in the year 1873 conveyed it to his daughter, who was then the wife of J. S. Newton. Newton purchased the -land from the plaintiff, and paid for it, but at his request .it w-as conveyed to his wife. Mrs. Newton reconveyed the land to her father in 1892, and about one year thereafter she and her husband separated from each other, and were divorced. Newton died in the year 1900, and his administrator sold the land as his property in 1902, under…
2Cases cited4 opinions
- Womack v. WomackSupreme Court of Arkansas · 1904
- Milner v. FreemanSupreme Court of Arkansas · 1882
- Chambers v. MichaelSupreme Court of Arkansas · 1903
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
3Cited by8 opinions
- Kelly v. KellySupreme Court of Arkansas · 1979
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Stacy v. StacySupreme Court of Arkansas · 1927
- Harrison v. KnottSupreme Court of Arkansas · 1951
- Parks v. ParksSupreme Court of Arkansas · 1944
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