Maupin v. Gains
Supreme Court of Arkansas
Appeal from Fulton Chancery Court; T. H. Humphreys, Chancellor 1. Where property is held adversely, or where the ' title is in dispute, a Court of Chancery has no jurisdiction to award partition. 27 Ark. 96-7;. 1 Watts & Serg., 185; 42 111., 473; 3 Grant’s Cases, Penn. 177; 97; 40 Ark. 156; 91 Ark. 29. Tenants in common can establish title against another co-tenant by adverse possession 1 Cyc. 1072. Plaintiff was only a tenant in common. 91 Ark. 30. Where ousted or his…
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Appeal from Fulton Chancery Court; T. H. Humphreys, Chancellor 1. Where property is held adversely, or where the ' title is in dispute, a Court of Chancery has no jurisdiction to award partition. 27 Ark. 96-7;. 1 Watts & Serg., 185; 42 111., 473; 3 Grant’s Cases, Penn. 177; 97; 40 Ark. 156; 91 Ark. 29. Tenants in common can establish title against another co-tenant by adverse possession 1 Cyc. 1072. Plaintiff was only a tenant in common. 91 Ark. 30. Where ousted or his rights denied, the remedy is by ejectment. 119 Ark. 386 2. Joe Gains was not a party and no judgment as to him is valid or…
1Opinion of the CourtSmith, J.
This is a suit to partition certain town lots, which was brought to the September, 1914, term of the Pulton chancery court by appellee, who alleged in her complaint that she was the owner of an equitable one-third undivided interest in the lots in question, but that appellant, Mrs. M. E. Maupin, who was the defendant below, was wrongfully in possession, asserting ownership of the whole title to said lots. There was a prayer that appellee be declared the owner of the one-third interest claimed by her and that the property be ordered sold and that she have judgment for the rents due her. The…
2Cases cited13 opinions
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Hankins v. LayneSupreme Court of Arkansas · 1886
- Eagle v. OldhamSupreme Court of Arkansas · 1915
- Trapnall v. HillSupreme Court of Arkansas · 1876
- Millington v. Hill, Fontaine & Co.Supreme Court of Arkansas · 1886
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3Cited by6 opinions
- McClure v. McClureSupreme Court of Arkansas · 1952
- McCune v. BrownCourt of Appeals of Arkansas · 1983
- Sandidge v. SandidgeSupreme Court of Arkansas · 1947
- Melvin v. MelvinCourt of Appeals of Arkansas · 1980
- Scott v. RutherfordSupreme Court of Arkansas · 1967
1 more not listed; retrieve them via the Exa API.