McCann v. Smith
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. This is an action commenced on June 12, 1896, by appellee against appellant for possession of a tract of land in Lee county. The plaintiff had judgment below. The complaint showed a perfect chain of title.
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Appeal from Lee Circuit Court. Hance N. Hutton, Judge. This is an action commenced on June 12, 1896, by appellee against appellant for possession of a tract of land in Lee county. The plaintiff had judgment below. The complaint showed a perfect chain of title. Defendant claims title under a donation deed issued to him by the commissioner of state lands, dated February 20, 1896, upon a certificate of donation issued to him December 27, 1892, and proof of improvements, residence, etc. The state’s ownership was based upon a forfeiture for taxes of 1883, 1884 and 1885. The forfeiture was conceded…
1Opinion of the CourtBattle, J.
Two questions are presented for our consideration and decision.
First. Is two years’ adverse possession of a tract of land held by a donee, first under a certificate of donation, and then under a.donation deed by the state, sufficient to bar an action against him, when the-possession under the deed has not continued two years, and it is necessary to add it to that held under the certificate to make the two years’ adverse possession?
Second. Is a donee, holding land under a donation deed executed to him by the state, entitled, in an action against him by the owner for the possession of the same,…
2Cases cited5 opinions
- Kelso v. RobertsonSupreme Court of Arkansas · 1888
- Coney v. OwenSupreme Court of Pennsylvania · 1837
- Cranmer v. HallSupreme Court of Pennsylvania · 1842
- M'Kee v. LambertonSupreme Court of Pennsylvania · 1841
- Gilmore v. ThompsonSupreme Court of Pennsylvania · 1834
3Cited by18 opinions
- Fuller v. WilkinsonSupreme Court of Arkansas · 1939
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Sims v. PetreeSupreme Court of Arkansas · 1944
- Chavis v. HenrySupreme Court of Arkansas · 1943
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