Wilson v. Gaylord
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robinson, Chancellor; 1. In ejectment, defendant being in possession, the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of his adversary’s. 86 S. W. 852; 37 Ark. 644; 47 Ark. 215; 47 Ark. 418; 65 Ark. 610; 38 Ark. 191. 2. The suit against Higginson for levee taxes was in personam. Purchasers at judicial sales acquire only the title of parties to the suit. Rorer, Jud.
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Appeal from Mississippi Chancery Court; Edward D. Robinson, Chancellor; 1. In ejectment, defendant being in possession, the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of his adversary’s. 86 S. W. 852; 37 Ark. 644; 47 Ark. 215; 47 Ark. 418; 65 Ark. 610; 38 Ark. 191. 2. The suit against Higginson for levee taxes was in personam. Purchasers at judicial sales acquire only the title of parties to the suit. Rorer, Jud. Sales, § 459; 9 Wheat. 616; 32 Ark. 321; 17 Am. & Eng. Enc. Law (2 Ed.), 1010; 5 Cranch (C. C.), 514; 69 111. 431; 6 T. B. Mon.…
1Opinion of the CourtMcCulloch, J.
This suit was originally commenced at law in the circuit court of Mississippi County by appellee, C. H. Gaylord, against appellants, Wilson and Beall, to recover possession of the tract of land in controversy, and damages in the sum of $1,000 for timber alleged to have been cut by defendants. On motion of defendants, the cause was transferred to the chancery court, and a final hearing there resulted in a decree in favor of the plaintiff for recovery of the land and the value of the timber cut by the defendants.. Appellee, in his complaint, set forth the following claim of title, under which…
2Cases cited7 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Hassall v. WilcoxSupreme Court of the United States · 1889
- Roulston v. HallSupreme Court of Arkansas · 1899
- Nix v. PfeiferSupreme Court of Arkansas · 1904
- McConnell v. DaySupreme Court of Arkansas · 1896
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3Cited by6 opinions
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Midland Valley R. Co. v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1936
- Indiana & Arkansas Lumber & Mfg. Co. v. BrinkleyCourt of Appeals for the Eighth Circuit · 1908
- Robinson v. CrossSupreme Court of Arkansas · 1911
- Doles v. StateSupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.