Townsend v. Penrose
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; Edzvard D. Robertson, Chancellor; 1. Statutes of limitation must be specially pleaded, and the case brought within them by proof. 19 Ark. 16; Wood on Tim. § 7. Defendant’s case as to the 80-acre tract rests solely upon his own testimony; and since that testimony was taken at the first submission in the absence of appellant’s counsel, it was improperly admitted at the second hearing, and the plea of limitation must fail. 2. As to the other…
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Appeal from Woodruff Chancery Court; Edzvard D. Robertson, Chancellor; 1. Statutes of limitation must be specially pleaded, and the case brought within them by proof. 19 Ark. 16; Wood on Tim. § 7. Defendant’s case as to the 80-acre tract rests solely upon his own testimony; and since that testimony was taken at the first submission in the absence of appellant’s counsel, it was improperly admitted at the second hearing, and the plea of limitation must fail. 2. As to the other lands, the proof fails to establish seven years payments of taxes under color of title. The deeds in proof constitute…
1Opinion of the CourtMcCueloch, J.
This is a suit in equity instituted by appellants against appellee to quiet title to several tracts of land in Woodruff County, aggregating 400 acres. They deraign title from the Government, alleging in their complaint that the lands are unimproved and uninclosed, and seek to cancel appellee’s adverse claim as a cloud upon their title. Appellee asserts title to the lands under several tax sales in June, 1896, for the taxes of the previous year. He exhibits with his answer five tax deeds executed by the county clerk pursuant to the aforesaid sales, one dated June 18, 1898, conveying the north…
2Cases cited8 opinions
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- White v. StokesSupreme Court of Arkansas · 1899
- Hunt v. GardnerSupreme Court of Arkansas · 1905
- McKeighan v. HopkinsNebraska Supreme Court · 1883
- Beasley v. Equitable Securities Co.Supreme Court of Arkansas · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Broadhead v. McEntireCourt of Appeals of Arkansas · 1986
- Fernwood Mining Co. v. PlunaSupreme Court of Arkansas · 1919
- Union Bank Trust Company v. HorneSupreme Court of Arkansas · 1938
- American Insurance v. DannehowerSupreme Court of Arkansas · 1909
- Laughlin v. FisherSupreme Court of Arkansas · 1920
5 more not listed; retrieve them via the Exa API.