Cook v. Ziff Colored Masonic Lodge No. 119
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Marcus L. Hawkins, Chancellor; statement by the court. On June 9, 1902, lot No. 1 in block No. 2 of Finn’s addition to the town' of Dermott was sold by the collector of Chicot County for the nonpayment of taxes assessed against same for the year 1901, and was struck off to the State for want of bidders.
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Appeal from Chicot Chancery Court; Marcus L. Hawkins, Chancellor; statement by the court. On June 9, 1902, lot No. 1 in block No. 2 of Finn’s addition to the town' of Dermott was sold by the collector of Chicot County for the nonpayment of taxes assessed against same for the year 1901, and was struck off to the State for want of bidders. After the expiration of time for redemption the clerk certified the lot to the State, where it remained till the 28th day of June, 1904, when it was purchased by the appellant, A. F. Cook, who received a commissioner’s deed in regular form for it. On the 9th…
1Opinion of the Court
Wood, J.,
(after stating the facts.) (1) The court did not err in overruling the demurrer to the answer. The appellee being in possession, the presumption is he was the owner or a tenant of the owner. It will not be presumed that his possession was wrongful. Possession is evidence of title, at least to the extent of requiring one who would oust it to show title in himself. The requirement of the law is not met simply by showing prima facie title. The old rule in ejectment that the plaintiff must rely upon the strength of his own title applies here. The burden is upon the plaintiff to show…
2Cases cited7 opinions
- Martin v. BarbourSupreme Court of the United States · 1891
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- Scott v. MillsSupreme Court of Arkansas · 1887
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- Hunt v. GardnerSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Alidor v. Mobile County CommissionSupreme Court of Alabama · 1973
- Cecil v. Tisher and FriendSupreme Court of Arkansas · 1944
- Allen v. PhillipsSupreme Court of Arkansas · 1908
- Alphin v. BanksSupreme Court of Arkansas · 1937
- Coulter v. O'KELLYSupreme Court of Arkansas · 1956
10 more not listed; retrieve them via the Exa API.