Carter v. Stewart
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; A. L. Hutch-ins, Chancellor; STATEMENT OE FACTS. Edna W. Carter instituted an action of ejectment in the circuit court against Oscar Stewart and Mary Jeter Stewart to recover 40 acres of land situated in Phillips County, Arkansas. She alleged that the land was granted by the United States to the State of Arkansas on August 14, 1858, under an act of Congress commonly known as the Swamp Land Grant.
Read the full summary
Appeal from Phillips Chancery Court; A. L. Hutch-ins, Chancellor; STATEMENT OE FACTS. Edna W. Carter instituted an action of ejectment in the circuit court against Oscar Stewart and Mary Jeter Stewart to recover 40 acres of land situated in Phillips County, Arkansas. She alleged that the land was granted by the United States to the State of Arkansas on August 14, 1858, under an act of Congress commonly known as the Swamp Land Grant. She further alleged that she obtained a patent to said land from the Commissioner of State Lands .on the 6th day of June, 1917, and under it she has title to said…
1Opinion of the CourtHart, J.
(after stating the facts). The principal question raised by the appeal in this case is whether fifty years’ peaceable and uninterrupted possession of the land in controversy in the defendants and those under whom they claim, together with the payment of taxes during all that time, affords sufficient ground to presume a grant from the State to the lands in question. The chancellor held under the facts and circumstances adduced in evidence that he had the right to presume and find that a patent had been formerly issued by the State to the land in question under the authority of Garter v.…
2Cases cited5 opinions
- Wallace v. HillSupreme Court of Arkansas · 1918
- Oaksmith's Lessee v. JohnstonSupreme Court of the United States · 1876
- Carter v. GoodsonSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. MooreSupreme Court of Arkansas · 1907
- State v. TaylorSupreme Court of Arkansas · 1918
3Cited by14 opinions
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Monroe County Bd. of Educ. v. RyeMississippi Supreme Court · 1988
- Koonce v. WoodsSupreme Court of Arkansas · 1947
- Kieffer v. WilliamsSupreme Court of Arkansas · 1966
- Bailey v. MartinSupreme Court of Arkansas · 1951
9 more not listed; retrieve them via the Exa API.