Apel v. Kelsey
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. Hon. J. A. Williams, Judge. 1. This court in Hozvell v. Rye, 33 Ark., 478, said: “Whether the deed was valid on its face, and competent to show title in plaintiff, was the question to be considered by the court in ruling upon exceptions taken to it.” 34 Ark., 337; 36 Id., 461-3; 43 Id., 21; 46 Id., 102; Mansf.
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APPEAL from Arkansas Circuit Court. Hon. J. A. Williams, Judge. 1. This court in Hozvell v. Rye, 33 Ark., 478, said: “Whether the deed was valid on its face, and competent to show title in plaintiff, was the question to be considered by the court in ruling upon exceptions taken to it.” 34 Ark., 337; 36 Id., 461-3; 43 Id., 21; 46 Id., 102; Mansf. Dig., sec. 4237. In the light of the foregoing authorities it is manifest that the court erred in overruling defendant’s exceptions to plaintiff’s paper title. A plaintiff in ejectment must recovér upon the strength of his title, and not upon the…
1Opinion of the CourtSmith, J.
Kelsey sued to recover a tract of two hundred and forty acres. The land had been patented by the general government to the State of Arkansas as swamp land, and had been by the state granted to George C. Watkins and David F. Shall. Watkins had afterwards released to his co-tenant, who died seized. And in 1875, Gordon N. Peay and W. B. Worthen, as administrators of Shall, had, pursuant to authority conferred on them by the probate court of Pulaski county, sold the land privately, for two-thirds of its appraised value, to Theodore B. -Mills. It did not appear that this sale had ever been…
2Cases cited1 opinion
- Mohr v. ManierreSupreme Court of the United States · 1880
3Cited by24 opinions
- Campbell v. Skinner Manufacturing Co.Supreme Court of Florida · 1907
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Nix v. PfeiferSupreme Court of Arkansas · 1904
- Brasch v. MumeySupreme Court of Arkansas · 1911
- Noland v. BarrettSupreme Court of Missouri · 1894
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