Legal Opinion · Dissent

St. Louis Refrigerator & Wooden Gutter Co. v. Thornton

Supreme Court of Arkansas

Decided March 4, 1905Published

Appeal from Clark Circuit Court in Chancery. STATEMENT BY THE COURT. This is a suit instituted by Jobe Thornton against the St. Louis Refrigerator & Wooden Gutter Company, to cancel the deed of the defendant to certain lands as a cloud upon his title. The defendant answered.

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Appeal from Clark Circuit Court in Chancery. STATEMENT BY THE COURT. This is a suit instituted by Jobe Thornton against the St. Louis Refrigerator & Wooden Gutter Company, to cancel the deed of the defendant to certain lands as a cloud upon his title. The defendant answered. The substance of the pleadings is correctly stated in appellant’s abstract as follows: “Appellee filed his complaint against appellant, stating substantially that he was the owner of the northeast quarter of section 11, in township 11, south of range 19 west, under a donation deed from the State, and that he was the owner…

1Dissent

Hied, C. J.,

(dissenting.) Thornton had a donation deed to the land in controversy, and brought suit to quiet title against appellant, who had no title derived from any source connected with the ownership of the land. The defendant had’ a deed from one party, who had a deed from another party, and no attempt was made to show that any of those parties ever owned or were in possession of the land. Its title began nowhere, and ended at the same place.

Two attacks were made upon plaintiff’s title, one on account of failure, to make the improvements required by the laws donating lands. This court…

2Cases cited6 opinions

  1. Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
  2. Lawrence v. ZimplemanSupreme Court of Arkansas · 1881
  3. McArthur v. PeacockSupreme Court of Georgia · 1894
  4. Hawkinberry v. SnodgrassWest Virginia Supreme Court · 1894
  5. Thornton v. St. Louis Refrigerator & Wooden Gutter Co.Supreme Court of Arkansas · 1901

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