Winn v. Campbell
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; One who purchases land from a patentee of the State is entitled to presume that the ’patent was issued to the person entitled to receive it. 76 Ark. 525. The patent is sufficient evidence of title. 31 Ark. 609; 39 Ark. 120. A decree of 'a court of equity cannot be attacked collaterally, but must be attacked by bill of review in a direct proceeding. 43 Ark. 34; 11 Ark. 519; 66 Arfe. 1; 72 Ark. 101. This suit is in the…
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Appeal from Ouachita Circuit Court; George W. Hays, Judge; One who purchases land from a patentee of the State is entitled to presume that the ’patent was issued to the person entitled to receive it. 76 Ark. 525. The patent is sufficient evidence of title. 31 Ark. 609; 39 Ark. 120. A decree of 'a court of equity cannot be attacked collaterally, but must be attacked by bill of review in a direct proceeding. 43 Ark. 34; 11 Ark. 519; 66 Arfe. 1; 72 Ark. 101. This suit is in the nature of a proceeding to confirm a tax title, and the provisions of ■the statute do not apply. 74 Ark. 253; 75 Ark.…
1Opinion of the CourtWood, J.
The appellants instituted this suit against appellees for the possession of certain lands in Ouachita County. The lands were granted to the State by the United States on the 4th of September, 1841, and were Internal Improvement lands. The State, through her Commissioner of State Lands, issued her deed to Oscar H. Winn and R. E. Diebel, conveying to them the lands in controversy November 1, 1905, for the consideration of four hundred dollars. Diebel conveyed his interest to Winn, and Winn conveyed to appellant, J. R. B. Moore. This is the title under which appellants claimed.
The appellees…
2Cases cited2 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- McLain v. DuncanSupreme Court of Arkansas · 1892
3Cited by3 opinions
- Matthews v. WilliamsonSupreme Court of Arkansas · 1920
- Beck v. RhoadsSupreme Court of Arkansas · 1962
- Howell v. McMillanSupreme Court of Arkansas · 1950