Cocks v. Simmons
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court in chancery. Matthew T. Sanders, Judge. In 1887 Seth C. Cocks and Blanch D. Lyles, heirs of Philip A. Cocks, who died in 1869, brought suit against Miles A. Simmons to remove a cloud upon their title to an undivided half interest in four-fifths of four sections of land in Monroe county.
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APPEAL from Monroe Circuit Court in chancery. Matthew T. Sanders, Judge. In 1887 Seth C. Cocks and Blanch D. Lyles, heirs of Philip A. Cocks, who died in 1869, brought suit against Miles A. Simmons to remove a cloud upon their title to an undivided half interest in four-fifths of four sections of land in Monroe county. The complaint in substance alleges that in i860 their ancestor; owning an undivided four-fifths interest in the land, sold one-half of his interest .to defendant ; that subsequently defendant purchased from the -owner the outstanding undivided fifth interest in the land, making…
1Opinion of the CourtHemingway, J.
This was a bill on the part of tenants in common to set aside tax deeds under which their co-tenant claimed land in severalty, and for partition between them. The defendant relied upon a tax deed and a decree confirming the same as to a part of the land, and upon a subsequent tax deed and the statute of limitations as to all of it. If the defense upon either of the latter grounds be sustained, it dispenses with the consideration of the former; and we proceed to consider them. There are two adequate objections to the plea of limitation.
1 when possession of co-tenant not ad— verse. , In the…
2Cases cited2 opinions
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- Brown v. HogleIllinois Supreme Court · 1863
3Cited by27 opinions
- Johns v. ScobieCalifornia Supreme Court · 1939
- Inman v. QuireySupreme Court of Arkansas · 1917
- Skelly Oil Company v. JohnsonSupreme Court of Arkansas · 1946
- Avera v. BanksSupreme Court of Arkansas · 1925
- Jackson v. LadySupreme Court of Arkansas · 1919
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