Chicot Lumber Co. v. Dardell
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; James C. Norman, Special Chancellor; 1. Appellees’ claim that the land was in their possession for two consecutive years is not sustained by the proof.
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Appeal from Chicot Chancery Court; James C. Norman, Special Chancellor; 1. Appellees’ claim that the land was in their possession for two consecutive years is not sustained by the proof. Cutting timber alone, even for two years continuously, would not be sufficient to constitute adverse possession in this State. 68 Ark. 551; 49 Ark. 266. And appointing an agent to look after land, who goes upon it only occasionally, falls short of the actual possession required by law. 64 Ark. 100. 2. The sale of the lands for non-payment of taxes of year 1889 to the State was void. Kirby’s Digest, § 7083; 66…
1Opinion of the CourtHirr, C. J.
The Bliss-Cook Oak Company, successor in title to the Chicot Lumber Company, was the owner of a large body of timbered land in Chicot County, and within the limits of its holdings were the four hundred acres of land in controversy. Assuming, without deciding, that the Lumber Company had title to this tract also, the first question is whether Dardell’s title under deed from the State should prevail over the fee title. The land was forfeited for the taxes of 1889, and sold to the State. The tax sale was void for numerous reasons. Dardell purchased the State’s title on the 10th of August 1894,…
2Cases cited9 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Sparks v. FarrisSupreme Court of Arkansas · 1902
- Carpenter v. SmithSupreme Court of Arkansas · 1905
- Norman v. PughSupreme Court of Arkansas · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kimble v. WilleyCourt of Appeals for the Eighth Circuit · 1953
- Askew v. Murdock Acceptance CorporationSupreme Court of Arkansas · 1955
- Britt v. BerrySupreme Court of Arkansas · 1918
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Dial v. ArmstrongSupreme Court of Arkansas · 1938
8 more not listed; retrieve them via the Exa API.