Pearman v. Pearman
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Southern-District; John M. Elliott, Chancellor; STATEMENT OE EACTS. Gr. W. Pearman brought this suit in equity under that part of chapter 25 of Kirby’s Digest relating to the confirmation of tax titles. Anna Pearman was allowed to file exceptions to the petition on the ground that she resided on the property and was in actual adverse possession of it. Gr.
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Appeal from Arkansas Chancery Court, Southern-District; John M. Elliott, Chancellor; STATEMENT OE EACTS. Gr. W. Pearman brought this suit in equity under that part of chapter 25 of Kirby’s Digest relating to the confirmation of tax titles. Anna Pearman was allowed to file exceptions to the petition on the ground that she resided on the property and was in actual adverse possession of it. Gr. W. Pear-man filed a response in which he denied that Anna Pear-man was in legal possession of the property, or had been for several years last past. G. W. Pearman was a witness for himself. According to…
1Opinion of the CourtHart, J.
(after stating the facts). The equity jurisdiction to quiet title, independent of statute, can only be invoked by a plaintiff in possession, unless his title be merely an equitable one. The reason is that where the title is a purely legal one and some one else is in possession, the remedy at law is plain, adequate and complete, and an action of ejectment can not be maintained under the guise of a bill in chancery. In such case the adverse party has a constitutional right to a trial by a jury. Mathews v. Marks, 44 Ark. 436; Ashley v. Little Rock, 56 Ark. 391; Burke v. St. Louis, I. M. & S. Ry.…
2Cases cited5 opinions
- Goodrum v. AyersSupreme Court of Arkansas · 1892
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- Mathews v. MarksSupreme Court of Arkansas · 1884
- Burke v. St. Louis, Iron Mountain & Southern Ry. Co.Supreme Court of Arkansas · 1899
3Cited by14 opinions
- Simon Zunamon v. W. G. Brown, J. P. Brown, Sr., and J. E. (Doc) BrownCourt of Appeals for the Eighth Circuit · 1969
- Gibbs v. BatesSupreme Court of Arkansas · 1921
- Liggett v. Church of NazareneSupreme Court of Arkansas · 1987
- Gingles v. RogersSupreme Court of Arkansas · 1943
- Lowe v. CoxSupreme Court of Arkansas · 1946
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