Johnson v. Elder
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Bdzvard D. Robertson, Chancellor; 1. In ejectment or other real estate actions the plaintiff must recover on the strength of his own title, and not upon the weakness of his adversary’s. 113 S. W. (Ark.) 340; 106 S. W. (Ark.) 1169; 77 Ark. 246; Id. 338; Id. 477; 73 Ark. 199; 102 S. W. (Ark.) 190. The burden of proving two years adverse possession is upon the appellee, and that proof must be clear and positive. 82 Ark. 51; 65 Ark. 422; 43…
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Appeal from Greene Chancery Court; Bdzvard D. Robertson, Chancellor; 1. In ejectment or other real estate actions the plaintiff must recover on the strength of his own title, and not upon the weakness of his adversary’s. 113 S. W. (Ark.) 340; 106 S. W. (Ark.) 1169; 77 Ark. 246; Id. 338; Id. 477; 73 Ark. 199; 102 S. W. (Ark.) 190. The burden of proving two years adverse possession is upon the appellee, and that proof must be clear and positive. 82 Ark. 51; 65 Ark. 422; 43 Ark. 486; 113 S. W. (Ark.) 27; 34 Ark. 534; Id. 547; 48 Ark. 196; 1 Am. & Eng. Enc. of L., 2d Ed. 887; 1 Cur. Eaw, 55 2.…
1Opinion of the CourtFrauenthal, J.
This action was originally instituted by the plaintiff, W. S. Elder, by filing an ex parte petition on October 14, 1907, in the Greene Chancery Court seeking to confirm his title to the land involved in this suit, and which is described as the fractional northeast quarter of section 27, township 19 north, range 5 east, containing 142.08 acres in Greene County, Arkansas. His claim of title was founded upon a tax deed executed to him by the State of Arkansas on June 4, 1903, in which it is recited that the land was sold to the State for the nonpayment of the taxes of 1891.
The defendants,…
2Cases cited35 opinions
- Lucas v. BrooksSupreme Court of the United States · 1873
- Little v. WilliamsSupreme Court of Arkansas · 1908
- Crill v. HudsonSupreme Court of Arkansas · 1903
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Cooper v. LeeSupreme Court of Arkansas · 1894
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3Cited by10 opinions
- Cotton v. WhiteSupreme Court of Arkansas · 1917
- United States v. Lee Wilson & Co.District Court, E.D. Arkansas · 1914
- Bolin v. Drainage District No. 17Supreme Court of Arkansas · 1943
- Bowers v. RightsellSupreme Court of Arkansas · 1927
- Laney v. Monsanto Chemical Co.Supreme Court of Arkansas · 1961
5 more not listed; retrieve them via the Exa API.