Padgett v. Norman
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. In ejectment plaintiff must recover on the strength of ¡his own title, not upon the weakness of the defendant’s. The court properly instructed the jury. (See 19 Ark., £03; 38 1b., 181; sec. 3168 Gantt’s Dig.; 1 Gr. Ho., sec. 74; Gantt’s Dig., secs. 3493, 3494-) If Henry Norman, at the time of his death, had any kindred capable of inheriting, the title could never vest in the widow. Supra.
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APPEAL from Independence Circuit Court. Hon. R. H. Powell, Circuit Judge. In ejectment plaintiff must recover on the strength of ¡his own title, not upon the weakness of the defendant’s. The court properly instructed the jury. (See 19 Ark., £03; 38 1b., 181; sec. 3168 Gantt’s Dig.; 1 Gr. Ho., sec. 74; Gantt’s Dig., secs. 3493, 3494-) If Henry Norman, at the time of his death, had any kindred capable of inheriting, the title could never vest in the widow. Supra. In proving pedigree or relationship, evidence of family likeness, the appeai’ance, manners, motions, features, etc., is admissible. 7…
1Opinion of the CourtCockrill, C. J.
Henry Norman purchased a tract of land in Independence County, established his home upon it and died in 1864 intestate and without issue. His widow continued in possession for some years after his death, remarried, sold the land to the plaintiff and removed from the State. Shortly after her removal from the laud, the defendant, John Norman, took possession of it, and Padgett instituted this action of ejectment against him. The complaint alleged that Henry Norman died leaving no kin capable of inheriting and that the title to the land had vested under the statute in the widow under whom he…
2Cases cited2 opinions
- Weaver v. CrenshawSupreme Court of Alabama · 1844
- Burks' Heirs v. OsbornCourt of Appeals of Kentucky · 1849
3Cited by9 opinions
- Watson v. HardinSupreme Court of Arkansas · 1910
- Griffin v. DunnSupreme Court of Arkansas · 1906
- Barnett v. MeachamSupreme Court of Arkansas · 1896
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
- Tennison v. CarrollSupreme Court of Arkansas · 1951
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