Legal Opinion

Pace v. Crandell

Supreme Court of Arkansas

Decided March 11, 1905PublishedCited by 9 opinions

Appeal from Boone Circuit Court. The description of the land as advertised was sufficient. Cooley, Tax. 405; 23 Kan. 448; 33 Cal. 150'; 51 Texas, 390. Allegations in a pleading which áre not denied will be taken as true. 41 Ark. 17; 46 Ark. 132; 50 Ark. 562; 73 Ark. 344; 62 Ark. 51. Defendants’ exceptions to exhibits were properly overruled. 63 Mo. 96; 82 Mo. 450; 56 Miss. 104; 44 Cal. 132; 94 N. Y. 232; 60 Ark. 489; 40 Ark. 237. The complaint stated no allegation of fact…

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Appeal from Boone Circuit Court. The description of the land as advertised was sufficient. Cooley, Tax. 405; 23 Kan. 448; 33 Cal. 150'; 51 Texas, 390. Allegations in a pleading which áre not denied will be taken as true. 41 Ark. 17; 46 Ark. 132; 50 Ark. 562; 73 Ark. 344; 62 Ark. 51. Defendants’ exceptions to exhibits were properly overruled. 63 Mo. 96; 82 Mo. 450; 56 Miss. 104; 44 Cal. 132; 94 N. Y. 232; 60 Ark. 489; 40 Ark. 237. The complaint stated no allegation of fact that should have been denied. Bliss, Code PI. § 212; 4 Met. (Ky.) 326; 2 Duer, 670; 44 Ind. 223.

1Opinion of the CourtHiEE, C. J.

Crandell brought ejectment against Pace and Winfield, stating that they were in possession of the land sued for, claiming to be the owners under a pretended purchase from the State for taxes alleged to be due thereon, and their possession was without right, and their purchase from the State a cloud on his title. He deraigned title as follows: That Henry W. Fick died seized and possessed of the northwest quarter of the northwest quarter, section 10, township 18 north, range 20 west. That Fick died testate, leaving said land to his minor daughter, Josie Fick. That, through appropriate orders of…

2Cases cited2 opinions

  1. Haggart v. RanneySupreme Court of Arkansas · 1904
  2. Harvey v. DouglassSupreme Court of Arkansas · 1904

3Cited by9 opinions

  1. Johnson v. SpanglerSupreme Court of Arkansas · 1928
  2. De Queen & Eastern Railway Co. v. ThorntonSupreme Court of Arkansas · 1911
  3. St. Louis, Iron Mountain & Southern Railway Co. v. BerrySupreme Court of Arkansas · 1908
  4. H. Rouw Co. v. American Railway Express Co.Supreme Court of Arkansas · 1927
  5. Kansas City & Memphis Railway Co. v. New York Central & Hudson River RailroadSupreme Court of Arkansas · 1914

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