Douglass v. Hunt
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; /. Hugh Basham, Judge; A defendant cannot claim for improvements made on land before he has acquired title thereto; neither can he claim for such improvements where he has been notified that the plaintiffs intended to sue for the land and contest the title thereto. 76 Ark. 146, 152; Kirby’s Dig. § 2754; 53 Ark. 572-3; 71 Ark. 605. If any person believing himself to be the owner, under color of title, peaceably improves land which is…
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Appeal from Johnson Circuit Court; /. Hugh Basham, Judge; A defendant cannot claim for improvements made on land before he has acquired title thereto; neither can he claim for such improvements where he has been notified that the plaintiffs intended to sue for the land and contest the title thereto. 76 Ark. 146, 152; Kirby’s Dig. § 2754; 53 Ark. 572-3; 71 Ark. 605. If any person believing himself to be the owner, under color of title, peaceably improves land which is afterwards decided to belong to another, the value of such improvements shall be paid to him by the successful party. Kirby’s…
1Opinion of the CourtMcCulloch, C. J.
Appellee, W. R. Hunt, occupied a tract of land in Johnson County, Arkansas, and made improvements thereon. He held under a certain deed which purported to convey the title in fee simple, but which in fact conveyed only the life estate of one Sarah E. Hacking. Appellants own the remainder, and instituted this action, after the death of Mrs. Hacking, to recover possession of the land. Appellee alleged that he. held the land under color of title and peaceably improved the same, believing himself to be the owner thereof, and he claimed compensation for such improvements. The trial court allowed…
2Cases cited6 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Brown v. NelmsSupreme Court of Arkansas · 1908
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Beard v. DansbySupreme Court of Arkansas · 1886
- White v. StokesSupreme Court of Arkansas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Weatherly v. PurcellSupreme Court of Arkansas · 1950
- Foltz v. AlfordSupreme Court of Arkansas · 1912
- Vernon v. McEntireSupreme Court of Arkansas · 1962
- Vernon v. McEntireSupreme Court of Arkansas · 1962