Gibbs v. Bates
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutclvins, Chancellor; STATEMENT OP PACTS. Eva E. Gibbs brought this suit in equity against Nora L. Bates to quiet her title to a tract of land comprising 67 acres more or less in St. Francis County, Ark. In her .complaint she alleges that she is the legal owner and in possession of the land.
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Appeal from St. Francis Chancery Court; A. L. Hutclvins, Chancellor; STATEMENT OP PACTS. Eva E. Gibbs brought this suit in equity against Nora L. Bates to quiet her title to a tract of land comprising 67 acres more or less in St. Francis County, Ark. In her .complaint she alleges that she is the legal owner and in possession of the land. Her complaint further states that Nora L. Bates makes an adverse claim to the land, the nature and character of which is unknown to the plaintiff. Nora L. Bates filed an answer in which she denied that Eva E. Gibbs was in possession of the land, and averred…
1Opinion of the CourtHart, J.
(after stating the facts). Equity jurisdiction to quiet title, independent of statute, can only 'be invoked by a plaintiff in possession holding the legal title. The reason is where the title is a purely legal one, and some one else is in possession, the remedy at law is plain, adequate and complete, and an action of ejectment cannot be maintained under-the guise of a bill in chancery. In such a case the party in possession has a constitutional right to a trial by jury. Pearman v. Pearman, 144 Ark. 528, and cases cited.
So, too, under our statute any person claiming to own land that is in the…
2Cases cited1 opinion
- Pearman v. PearmanSupreme Court of Arkansas · 1920
3Cited by18 opinions
- Simon Zunamon v. W. G. Brown, J. P. Brown, Sr., and J. E. (Doc) BrownCourt of Appeals for the Eighth Circuit · 1969
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- McKim v. McLineySupreme Court of Arkansas · 1971
- Liggett v. Church of NazareneSupreme Court of Arkansas · 1987
- Gingles v. RogersSupreme Court of Arkansas · 1943
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