Park v. Hutchinson
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; Park brought ejectment against Plutchinson and wife to recover land conveyed to him by them. The cause was transferred to equity on defendants’ cross-complaint, asking that the deed to plaintiff be removed as a cloud on their title. Plaintiff recovered, and defendants appealed. The cause on former appeal was reversed with directions to cancel plaintiff’s deed, on repayment of taxes paid by plaintiff.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; Park brought ejectment against Plutchinson and wife to recover land conveyed to him by them. The cause was transferred to equity on defendants’ cross-complaint, asking that the deed to plaintiff be removed as a cloud on their title. Plaintiff recovered, and defendants appealed. The cause on former appeal was reversed with directions to cancel plaintiff’s deed, on repayment of taxes paid by plaintiff. Hutchinson v. Park, 72 Ark. 509. When the cause came up for hearing' after the mandate of this court was filed, it was agreed as…
1Opinion of the CourtHill, C. J.
This is the second appeal in this case. In the former appeal the cause was remanded to cancel the deed from Hutchinson to Park on payment of the taxes expended by Park. Hutchinson v. Park, 72 Ark. 509. On the remand it was shown that Hutchinson was unable to give a supersedeas bond, and that, rather than surrender possession to Park, he had paid rent to Park pending the appeal. The court found Park indebted to Hutchinson $100 on this account, and deducted $25 for taxes paid,'and gave judgment for $75 in favor of Hutchinson against Park, and canceled the deed. Park recovered in 1902 a judgment…
2Cases cited1 opinion
- Hutchinson v. ParkSupreme Court of Arkansas · 1904
3Cited by1 opinion
- Lide v. ClineDistrict Court, E.D. Arkansas · 1982