Goodrum v. Ayers
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court. Ayers brought suit against Goodrum and another to quiet his title to certain land claimed by him under deed from the heirs of James Timms.
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Appeal from Lonoke Chancery Court. Ayers brought suit against Goodrum and another to quiet his title to certain land claimed by him under deed from the heirs of James Timms. Defendants’ answer set up title by tax sales ; denied that the heirs of Timms had title when plaintiff purchased ; and pleaded the statute of limitation of seven years adverse possession and that neither plaintiff nor his grantor has been possessed of the land within two years before commencement of suit. They asked that the answer be taken as a cross-complaint, and their title quieted. Plaintiff filed an amendment to his…
1Opinion of the CourtHemingway, J.
Conceding that the plaintiff was not in possession of the land, and for that reason not maintain a suit to quiet title, it cannot avail the appellant; for he filed a cross bill seeking to quiet his own title, and it gave the court jurisdiction of the entire controversy. Radcliffe v. Scruggs, 46 Ark. 96.
i. jurisdic-
Although the plaintiff’s grantors conveyed the land to the railway company before making the deed to plaintiff, he alleged, and the railway admitted, that the conveyance contained a limitation by the terms of which the title had reverted before the execution of his deed; and this is…
2Cases cited1 opinion
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
3Cited by26 opinions
- Simon Zunamon v. W. G. Brown, J. P. Brown, Sr., and J. E. (Doc) BrownCourt of Appeals for the Eighth Circuit · 1969
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- Empire Ranch & Cattle Co. v. BenderSupreme Court of Colorado · 1911
- Lumsden v. ErstineSupreme Court of Arkansas · 1943
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