Hames v. Harris
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. G. S. CuiNNINGHAM, Judge. STATEMENT. This was an action of ejectment to recover a tract of land' containing forty acres, the title to which the plaintiff-claimed to have acquired by adverse possession.
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APPEAL from Yell Circuit Court. G. S. CuiNNINGHAM, Judge. STATEMENT. This was an action of ejectment to recover a tract of land' containing forty acres, the title to which the plaintiff-claimed to have acquired by adverse possession. His complaint alleged that in 1872 Lucinda Murphy, who then, owned the land sold it to him by parol for the sum of $200, one-half of which was paid at the time of the sale,, and the balance in 1876 ; that pursuant to such purchase the possession of the land was delivered to him by his vendor and that he held it continuously and. adversely until the beginning of…
1Opinion of the CourtCockrill, C. J.
The appellant, who was the plaintiff below, contends that when the owner of a tract of land sells, it by parol and lets the vendee in possession, the disseisin of the vendor is established- and continues as to the whole tract as long as the vendee maintains the actual possession of a part of it; and that the latter’s possession of a part under a claim of the whole is then a constructive adverse possession' of all.
The circuit court refused to adopt that view, but charged the jury that if they believed the plaintiff’s theory of the case,, they could consider the parol purchase for the purpose…
2Cited by3 opinions
- Stricklin v. MooreSupreme Court of Arkansas · 1911
- Industrial Farm Home Gas Co. v. McDonaldSupreme Court of Arkansas · 1962
- Industrial Farm Home Gas Co. v. McDonaldSupreme Court of Arkansas · 1962