Dierks Lumber & Coal Co. v. Cunningham
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; I. When the appellant introduced its deed from the State, a prima facie case was made, and it was under no further obligation to prove the truth of the recitals in the deed. Sand. & H. Dig., § 4569; 49 Ark. 275. By this deed it is shown that the land was the property of the State at the time the deed purporting to convey title to the appellee was executed.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; I. When the appellant introduced its deed from the State, a prima facie case was made, and it was under no further obligation to prove the truth of the recitals in the deed. Sand. & H. Dig., § 4569; 49 Ark. 275. By this deed it is shown that the land was the property of the State at the time the deed purporting to convey title to the appellee was executed. Being the property of the State, appellee could not incumber it by making improvements. 57 Ark. 474.
1Opinion of the CourtRiddick, J.
This is an action by W. P. Cunningham to quiet his title to forty acres of land in Howard County upon which he resides and to cancel a deed executed by the Commissioner of State Lands to the Dierks Lumber & Coal Company conveying this land to that company as land which had been forfeited to the State for non-payment of taxes.
The evidence showed that the plaintiff Cunningham hád been in the actual possession of this land for over seven years. paying taxes on it continuously, claiming it as his own under color of title openly and adversely, and that he was entitled to the relief prayed for if…
2Cases cited2 opinions
- Hershy v. BaerSupreme Court of Arkansas · 1885
- Carpenter v. EllenbrookSupreme Court of Arkansas · 1893
3Cited by10 opinions
- Smith v. Pettus, CuratorSupreme Court of Arkansas · 1943
- Haynie v. DicusSupreme Court of Arkansas · 1947
- Dent v. AdkissonSupreme Court of Arkansas · 1931
- Hollaway v. Pocahontas Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1959
- Pirtle v. Southern Lumber Co.Supreme Court of Arkansas · 1911
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