Bryan v. Winburn
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court in chancery. lion. C. E. Mitchell, Circuit Judge. A party asking equitable relief in removing cloud from title, must be in actual possession of land, or they must be wild or unoccupied, or not in the actual possession of another : otherwise the remedy is complete at law. 27 Ark., 233; 24 Id. 431 ; 2d Id. 612. The evidence clearly shows that appellees were not in possession at the commencement of the suit.
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APPEAL from Nevada Circuit Court in chancery. lion. C. E. Mitchell, Circuit Judge. A party asking equitable relief in removing cloud from title, must be in actual possession of land, or they must be wild or unoccupied, or not in the actual possession of another : otherwise the remedy is complete at law. 27 Ark., 233; 24 Id. 431 ; 2d Id. 612. The evidence clearly shows that appellees were not in possession at the commencement of the suit. The deed, and certificate of acknowledgement, from Bell and wife to Georgia E. Winburn, are defective, and appellee acquired no title. 32 Ark,, 453; 33 Id.…
1Opinion of the CourtSmith, J.
This was a bill to remove a cloud upon Mrs. Winburn’s title to a lot in the town of Prescott and to quiet her possession. The tract of. forty acres, of which the lot once formed a part, originally belonged to John J. Thomas. He sold and conveyed it in May, 1876 to John H. Anderson upon a credit. Anderson caused it to be laid off into blocks and lots as an addition to the town. In December, 1876, Anderson sold off some of the lots-by public auction. The defendant, E. A. Warren, was Anderson’s agent m conducting the auction sale. The lot in controversy was bid off by one Bell and the purchase…
2Cases cited1 opinion
- Miller v. LangMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Wheatland Grain & Lumber Co. v. DowdenSupreme Court of Oklahoma · 1910
- Hines v. HarmonSupreme Court of Oklahoma · 1936
- McKim v. McLineySupreme Court of Arkansas · 1971
- Adkins v. ArnoldSupreme Court of Oklahoma · 1911
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