Crossett Lumber Co. v. Files
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Zaehariah T. Wood, Chancellor; STATEMENT BY THE COURT. Appellant brought an action of ejectment against appellees in the circuit court for the possession of certain lands in Ashley' County, deraigning title thereto from Peter McQueen through the devisee and her heirs under his will. It also claimed under a commissioner’s deed issued in a suit for the collection of overdue taxes.
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Appeal from Ashley Chancery Court; Zaehariah T. Wood, Chancellor; STATEMENT BY THE COURT. Appellant brought an action of ejectment against appellees in the circuit court for the possession of certain lands in Ashley' County, deraigning title thereto from Peter McQueen through the devisee and her heirs under his will. It also claimed under a commissioner’s deed issued in a suit for the collection of overdue taxes. Appellees answered, denying appellant’s claim of title, ownership and right to possession, denied that the devisee under Peter McQueen’s will had any title to or right to convey the…
1Opinion of the CourtKirby, J.
(after stating the facts)., The majority of the court have concluded that the evidence of adverse possession is not sufficient to sustain the decree, and the sole question for determination is whether the will of a citizen and resident of another State, duly executed in accordance with its laws, devising all the real and personal estate of the testator to his niece without mentioning therein the name of his only daughter, which was entirely omitted therefrom, will have effect to transfer his lands situated in this State to his devisee and prevent their descent to his said daughter in…
2Cases cited7 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- United States v. CrosbySupreme Court of the United States · 1812
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Bloom v. StraussSupreme Court of Arkansas · 1902
- Blount v. WalkerSupreme Court of the United States · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Armstrong v. ButlerSupreme Court of Arkansas · 1977
- Grace v. HildebrandtSupreme Court of Oklahoma · 1925
- Craig v. CarrigoSupreme Court of Arkansas · 2003
- Price v. JohnsonNew Mexico Supreme Court · 1967
- Selle v. RappSupreme Court of Arkansas · 1920
6 more not listed; retrieve them via the Exa API.