Wheeler v. Foote
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Marcus L,. Hawkins, Chancellor; 1. The land was wild and uninclosed, and was not in possession of any one prior to appellees. They, having paid the taxes thereon for seven years in succession under claim and color of title, have acquired title by limitation.
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Appeal from Ashley Chancery Court; Marcus L,. Hawkins, Chancellor; 1. The land was wild and uninclosed, and was not in possession of any one prior to appellees. They, having paid the taxes thereon for seven years in succession under claim and color of title, have acquired title by limitation. Kirby’s Digest, § 5057. 2. There are qualifications to the rule that actual possession of part, claiming the whole under color of title, gives constructive possession to the boundaries of the' deed. - ¿7 Ark. 97; 73 Ark. 252; 72 Mich. 409. It is also held that constructive possession of a part of one…
1Opinion of the CourtMcCulloch, J.
This case involves, the title to forty acres of land, containing a valuable brake of cypress timber. Mrs. Foote, the appellee, first brought ejectment in the circuit court of Ashley County against appellants, but subsequently instituted suit in the chancery court to restrain appellants from cutting the timber, and the two actions were consolidated in the chancery court, where a decree was finally rendered in favor of appellee. Both parties claim title to the land by limitations. Appellee claims title by actual adverse possession of a part of the tract under color of title to the whole; and…
2Cases cited1 opinion
- Towson v. DensonSupreme Court of Arkansas · 1905
3Cited by15 opinions
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- Hobbs v. StateSupreme Court of Arkansas · 1908
- Hubble v. GrimesSupreme Court of Arkansas · 1947
- Fenton v. CollumSupreme Court of Arkansas · 1912
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