Steward v. Scott
Supreme Court of Arkansas
Appeal from Sebastain Circuit Court, Port Smith District. Edgar E. Bryant, Judge. 1. The proof fails to show any deed from Walker to Drennan, or any acts of ownership over the land in controversy, except paying taxes and on two occasions the cutting- of timber. There is an utter failure to establish prior possession. 5 Am. St. Rep. 393 ; 1 S. E. Rep. 339 ; Washb. Real Pr. vol. 3, 149, (4th ed.). 2. The deed from Scott was inadmissible.
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Appeal from Sebastain Circuit Court, Port Smith District. Edgar E. Bryant, Judge. 1. The proof fails to show any deed from Walker to Drennan, or any acts of ownership over the land in controversy, except paying taxes and on two occasions the cutting- of timber. There is an utter failure to establish prior possession. 5 Am. St. Rep. 393 ; 1 S. E. Rep. 339 ; Washb. Real Pr. vol. 3, 149, (4th ed.). 2. The deed from Scott was inadmissible. Plaintiffs did not rely upon it in their pleadings. 24 Ark. 381; 10 S. E. Rep. 113. 3. Plaintiffs nor their ancestors had possession of the land within five…
1Opinion of the CourtHughes, J.
This is an appeal from a judgment in favor of appellees for the recovery of two acres of land. Appellees claim title as heirs at law of JohnDrennan, to whom they alleged the land in controversy was conveyed by Samuel W. Walker, who entered the same at the land office in 1838. They aver that Drennan’s deed from Walker was recorded in Crawford, county, where the land is situate; that it has been lost, and that the records have been destroyed by fire; that the certificate of entry, if ever in Drennan’s possession, lias been lost; that Drennan for many years before his death claimed title to the…
2Cases cited1 opinion
- Brummett v. PearleSupreme Court of Arkansas · 1880
3Cited by7 opinions
- Carpenter v. JonesSupreme Court of Arkansas · 1905
- Langston v. HughesSupreme Court of Arkansas · 1926
- Foster v. ElledgeSupreme Court of Arkansas · 1913
- Little v. Atchison, Topeka & Santa Fe Railway Co.Court Of Appeals Of Indian Territory · 1899
- Turley v. EvinsSupreme Court of Arkansas · 1913
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