Cole v. Burnett
Supreme Court of Arkansas
Appeal from G-reene 'Chancery Court; Charles D. Frierson, Chancellor; 1. The court erred in retaining jurisdiction of the cause, and in rendering ia final decree dismissing the complaint for want of equity.
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Appeal from G-reene 'Chancery Court; Charles D. Frierson, Chancellor; 1. The court erred in retaining jurisdiction of the cause, and in rendering ia final decree dismissing the complaint for want of equity. Adverse possession and the seven years ’ statute of limitations were pleaded in the answer, plaintiff’s title was denied, .and also that he was a tenant in common; and proof was introduced to establish the plea, sufficient, if not controverted, to establish an .adverse ¡holding of the land. The complaint onght to have been dismissed without prejudice to .another action at law to try out…
1Opinion of the CourtHart, J.
On July 16, 1913, J. W. Cole filed a complaint in the chancery court against B. B. Burnett and A. C. Burnett, in which he alleged that he and the defendants were owners as tenants in common of eighty acres of land situated in Grreene County, Arkansas, that he was the owner by purchase of an undivided two-fifths interest in said laud, and that the defendants were owners of an undivided three-fifths interest therein. The prayer of the complaint was that the lands be partitioned according to the respective interests of the plaintiff and the defendants.
The defendants filed an answer in which they…
2Cases cited7 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- London v. OverbySupreme Court of Arkansas · 1882
- LaCotts v. PikeSupreme Court of Arkansas · 1909
- Cannon v. StevensSupreme Court of Arkansas · 1908
- Farmer v. TowersSupreme Court of Arkansas · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Norden v. MartinSupreme Court of Arkansas · 1941
- Wren v. GreenSupreme Court of Arkansas · 1944