Price v. Greer
Supreme Court of Arkansas
Appeal from White Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. This is an action brought by appellee, B. W. Greer, against appellant, C. A. Price, for trespass upon several tracts of lands claimed by appellee, aggregating 495.97 acres, by cutting timber therefrom.
Read the full summary
Appeal from White Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. This is an action brought by appellee, B. W. Greer, against appellant, C. A. Price, for trespass upon several tracts of lands claimed by appellee, aggregating 495.97 acres, by cutting timber therefrom. The complaint alleges that the plaintiff is the owner of the lands in question, and that he “has been in the possession of the same and paying the taxes assessed against said lands continuously for the past twelve years.” Damages are laid in the sum of $3,000. The defendant answered, admitting that he cut the…
1Opinion of the Court
McCuuuoch, J.,
(after stating the facts.) In actions for trespass upon land it devolves upon the plaintiff, before he can maintain the action, to show either title or possession. Mere color of title is not sufficient. The plaintiff in the' trial below introduced a chain of title deeds conveying the lands in question, running back to a deed from one John A. Cole in 1881. These deeds constituted color of title, but do not show a perfect chain of title. He also introduced a deed, dated February 7, 1872, from John A. Cole, as clerk of White County, to John A. Cole (whether the grantor and grantee…
2Cases cited1 opinion
- Towson v. DensonSupreme Court of Arkansas · 1905
3Cited by11 opinions
- Cotton v. WhiteSupreme Court of Arkansas · 1917
- Gaither v. GageSupreme Court of Arkansas · 1907
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Schmidt v. StearmanCourt of Appeals of Arkansas · 2007
6 more not listed; retrieve them via the Exa API.