Glasscock v. Mallory
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; 1. Before appellee can recover he must establish the fact that he owns land east of the railroad and he has failed to do so. He cannot rely on the weakness of appellant’s title. His only claim is under Buford, and Buford had no title to any land east of the railroad. McCaleb, the common source of title, sold to Sellers, oúr grantor, the SW!4 and the W% of SE1^ of section 28—less 194 acres west of the railroad.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; 1. Before appellee can recover he must establish the fact that he owns land east of the railroad and he has failed to do so. He cannot rely on the weakness of appellant’s title. His only claim is under Buford, and Buford had no title to any land east of the railroad. McCaleb, the common source of title, sold to Sellers, oúr grantor, the SW!4 and the W% of SE1^ of section 28—less 194 acres west of the railroad. It is probable that he thought of the 240 acres, that 46 acres lay east of the railroad, but he sold all the SW% and…
1Opinion of the CourtMcCULLOCH, C. J.
The parties to this litigation make conflicting claims to certain lands in Lee County, formerly owned by Clarence McCaleb, who is the common source of the assertion of title. McCaleb owned a large body of land in that county containing about 1,300 acres, including 240 acres described as the SW!4 and the Wb¿> of the SEb£ of section 28, township 3 north, range 3 east, and on January 2, 1912, he sold and conveyed something over 1,000 acres of it to R. W. Buford and his wife, Emma Y. Buford, who subsequently conveyed to one Doan, who in turn conveyed to appellee Mallory. The description in the…
2Cases cited2 opinions
- Penrose v. DohertySupreme Court of Arkansas · 1902
- Mooney v. CooledgeSupreme Court of Arkansas · 1875
3Cited by8 opinions
- Rye v. BaumannSupreme Court of Arkansas · 1959
- Hoyer v. EdwardsSupreme Court of Arkansas · 1930
- Cunningham v. DellmonSupreme Court of Arkansas · 1922
- Craig v. OsbornMississippi Supreme Court · 1923
- Pewitt v. Renwar Oil Corp.Court of Appeals of Texas · 1953
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