Walker v. Taylor
Supreme Court of Arkansas
APPEAL from Jackson Circuit Court. Hon. R. II. Powell Circuit Judge. 1. The annexed complaint good, the title sufficiently stated, with deed exhibited and set out. Acts 1875, p. 229. 2. The deed from the state is sufficient evidence of appellant’s title, and that all things required were properly done, until the contrary is shown.
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APPEAL from Jackson Circuit Court. Hon. R. II. Powell Circuit Judge. 1. The annexed complaint good, the title sufficiently stated, with deed exhibited and set out. Acts 1875, p. 229. 2. The deed from the state is sufficient evidence of appellant’s title, and that all things required were properly done, until the contrary is shown. Act Dec. 13 1875, p. 92; 31 Ark. 609, 610. 3. The deed being the foundation of the action and required to be exhibited therewith, becomes part of the pleadings, and is conclusive on the demurrer in this case. Gantt’s Digest, Secs. 4599-4600.
1Opinion of the CourtEakin, J.
Action in ejectment. Appellants in this complaint say that by virtue of a certain deed from the commissioner of state lands, Mrs.. Walker is the owner, and entitled to the possession of the land in controversy; that the defendant holds the possession without right, and has for a long time, unlawfully, kept the plaintiff out of possession. She describes the land and exhibits the deed. It was executed by the” commissioner on the 27th of May 1879, and recites that the land was forfeited to the state for taxes of 1868, and that they appeared upon the books of the office as vacant and subject to…
2Cited by3 opinions
- Cracraft v. MeyerSupreme Court of Arkansas · 1905
- McFarlane v. MorganSupreme Court of Arkansas · 1923
- Powell v. CogginsSupreme Court of Arkansas · 1942