Nichols v. Council
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court, Charleston District. G. S. Cunningham, Judge. The title of the land in controversy remained in the United States government until the issuing of final proof certificate, January 12th, 1885, and the statute of limitations did not begin to run prior to the vesting of the equitable title in the appellant.
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APPEAL from Franklin Circuit Court, Charleston District. G. S. Cunningham, Judge. The title of the land in controversy remained in the United States government until the issuing of final proof certificate, January 12th, 1885, and the statute of limitations did not begin to run prior to the vesting of the equitable title in the appellant. See Railway v. Prescott, 16 Wall, 603, and Diver et al. v. McSwine 22 Wall., 444; Friedheim, 43 Ark., 204. As to the statute of limitations: It was error on the part of the lower court to permit the appellees to introduce evidence to show peaceable and…
1Opinion of the CourtCockrill, C. J.
Nichols brought his action of ejectment in 1886 against Council for the posession of 80 acres of land, relying upon a patent from the United States, issued, as it recites, “pursuant to the act of congress approved 20th May, 1862, to secure homesteads to actual settlers on the public domain, and the acts supplemental thereto.” The homestead entry upon which the patent is based, was made November 13th, 1875, the final proof certificate issued January 12th, 1885, and the patent followed in November of the latter year.
The defence was a conveyance from the plaintiff to the defendant’s ancestor,…
2Cases cited3 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Simmons v. OgleSupreme Court of the United States · 1882
3Cited by9 opinions
- Hibben v. MaloneSupreme Court of Arkansas · 1908
- Parkerson v. BrownCourt of Appeals of Arkansas · 2013
- Tyee Consolidated Mining Co. v. LangstedtCourt of Appeals for the Ninth Circuit · 1905
- Belcher v. HarrSupreme Court of Arkansas · 1910
- Blumer v. Iowa Railroad Land Co.Supreme Court of Iowa · 1905
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