Sparks v. Farris
Supreme Court of Arkansas
Appeal from Benton Circuit Court. James M. Pittman, Judge. Action of ejectment by Joseph E. Sparks and another against R. A. Farris and wife. From a judgment in favor of defendants, plaintiffs have appealed. Appellee had no right or claim to the land after forfeiture to the state. 46 Ark. He could not claim adversely under his donation certificate. Sand. & II. Dig., § 4819; 68 Ark. 283. Adverse possession must be established by clear and positive proof. 1 Am. & Eng. Enc.
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Appeal from Benton Circuit Court. James M. Pittman, Judge. Action of ejectment by Joseph E. Sparks and another against R. A. Farris and wife. From a judgment in favor of defendants, plaintiffs have appealed. Appellee had no right or claim to the land after forfeiture to the state. 46 Ark. He could not claim adversely under his donation certificate. Sand. & II. Dig., § 4819; 68 Ark. 283. Adverse possession must be established by clear and positive proof. 1 Am. & Eng. Enc. Law, 887; 28 Wis. 226. Every presumption is in favor of the true owner. Sidg. & Wait, Trial of Tit. to Land, § 749; 43 Ark.…
1Opinion of the CourtBunn, C. J.
The plaintiffs, Joseph E. Sparks and Margaret Wittmer, are the children and only heirs of Lydia Sparks, nee Lydia Thomas, daughter and devisee of Joseph Thomas, deceased, by whose will the said Lydia Sparks owned the lands in contraven, to-wit: The south half of the northwest quarter of section 5, •township 18 north, range 33 west, situate in Benton county, Arkansas. Said Lydia was married to J. M. Sparks in June, 1872, and died in March, 1884, intestate, leaving surviving her children and sole hers at law, Joseph E. Sparks, Margaret Wittmer, Isaac Sparks and Lydia M. Sparks; Isaac M. Sparks…
2Cases cited1 opinion
- Sims v. CumbySupreme Court of Arkansas · 1890
3Cited by22 opinions
- Walker v. StateSupreme Court of Arkansas · 1919
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- Van Etten v. DaughertySupreme Court of Arkansas · 1907
- Chicot Lumber Co. v. DardellSupreme Court of Arkansas · 1907
- Schuman v. WestbrookSupreme Court of Arkansas · 1944
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