Allen v. Phillips
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. Appellant sued appellee at law to recover possession of the northeast quarter of section 34, township 9 north, range 9 west, in Cleburne County, Arkansas. Appellant deraigned title from the State through a deed from the Commissioner of State Lands to one J. W. Lewellen, and from Lewellen to him.
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. Appellant sued appellee at law to recover possession of the northeast quarter of section 34, township 9 north, range 9 west, in Cleburne County, Arkansas. Appellant deraigned title from the State through a deed from the Commissioner of State Lands to one J. W. Lewellen, and from Lewellen to him. The deed of the State Land Commissioner to Lewellen, filed with the complaint as “Exhibit A,” recites that the land in question was sold to the State of Arkansas under a decree rendered by the Van Burén Chancery Court…
1Opinion of the CourtWood, J.
(after stating the facts.) The pleadings and the evidence warrant a finding that appellee was not a trespasser upon the land in controversy, holding same casually and temporarily, but that he was in possession under a bona ñde claim of title. Whether he was in fact the true owner was immaterial for the purposes of this case, for this possession under the circumstances cast upon the appellant the burden of proving title in himself; he could not rely upon the weakness of the title of liis adversary. Cook v. Ziff Colored Masonic Lodge, 80 Ark. 31.
The deed of the Commissioner of State Lands upon…
2Cases cited5 opinions
- Scott v. MillsSupreme Court of Arkansas · 1887
- Cook v. Ziff Colored Masonic Lodge No. 119Supreme Court of Arkansas · 1906
- Cracraft v. MeyerSupreme Court of Arkansas · 1905
- Neal v. AndrewsSupreme Court of Arkansas · 1890
- Neal v. WidemanSupreme Court of Arkansas · 1894
3Cited by10 opinions
- Knight v. RogersSupreme Court of Arkansas · 1941
- Coulter v. O'KELLYSupreme Court of Arkansas · 1956
- Jackson v. GregorySupreme Court of Arkansas · 1945
- Haynes v. ClarkSupreme Court of Arkansas · 1938
- Maney v. BurkeSupreme Court of Arkansas · 1909
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