Board of Levee Inspectors v. Southwestern Land & Timber Co.
Supreme Court of Arkansas
Appeal from Poinsett Chancery Court; Charles D. Frierson, Chancellor; 1. One who wrongfully obtains a patent by fraud or through mistake, becomes a trustee for the equitable owner of the title, and the statutes of limitation do not begin to run, nor can the doctrine of laches apply, until the cestui que trust has knowledge of his rights or is apprised of facts from which arose the trust. 44 Ark. 454; 49 Id. 93; 84 Id. 12; Perry on Trusts, etc.
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Appeal from Poinsett Chancery Court; Charles D. Frierson, Chancellor; 1. One who wrongfully obtains a patent by fraud or through mistake, becomes a trustee for the equitable owner of the title, and the statutes of limitation do not begin to run, nor can the doctrine of laches apply, until the cestui que trust has knowledge of his rights or is apprised of facts from which arose the trust. 44 Ark. 454; 49 Id. 93; 84 Id. 12; Perry on Trusts, etc. (6 ed.), § § 168, 169,170; 46 Ark. 25; 58 Id. 84; 20 Mo. 541; Wood on Limitations, etc., § 215; Perry on Trusts, § 861. 2. The board had no knowledge…
1Opinion of the CourtMcCulloch, C. J.
The Board of Levee Inspectors of Chicot County instituted this action in the chancery court of Poinsett County against the Southwestern Land & Timber Company, a corporation organized under the laws of the State of Arkansas, to cancel swamp land patents to certain tracts of land in that county, aggregating 14,700 acres, executed to said defendant on August 11, 1883, by the Commissioner of State Lands.
It is alleged in the complaint that the original certificates of entry of these lands were issued by the State on March 5,1860, to the plaintiff’s predecessor, and that the defendant came into…
2Cases cited16 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1889
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Johnson v. BlackSupreme Court of Virginia · 1905
- Gibson v. HerriottSupreme Court of Arkansas · 1891
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3Cited by10 opinions
- Hart v. SternbergSupreme Court of Arkansas · 1943
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Drainage Dist. 7 of Poinsett County v. HutchinsSupreme Court of Arkansas · 1931
- Drainage Dist. No. 2 of Crittenden County v. Mercantile-Commerce Bank & Trust Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Western Clay Drainage District v. WynnSupreme Court of Arkansas · 1929
5 more not listed; retrieve them via the Exa API.