Vittitow v. Burnett
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. Where a party has had a verdict instructed against him, on appeal the- evidence should he given its strongest probative force in Ms favor. 95 Ark. 560. 2. The testimony of W. N. Carpenter, attorney for appellant, was improperly admitted.
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. Where a party has had a verdict instructed against him, on appeal the- evidence should he given its strongest probative force in Ms favor. 95 Ark. 560. 2. The testimony of W. N. Carpenter, attorney for appellant, was improperly admitted. Kirby’s Digest, § 3095. 3. In ejectment, plaintiff must recover upon the strength of his own title. 92 Ark. 84; 80 Id. 31. No patent was shown from the United States. 4. Appellee showed title by adverse possession. 98 ■Ark. 30; 49 Id. 266. 1. Questions and objections not raised below will not be…
1Opinion of the CourtHart, J.
On the 8th day of October, 1910, L. W. Burnett instituted an action of ejectment against C. P. Vittitow to recover the possession of a certain tract of land in Arkansas County, jp. the State of Arkansas. The evidence adduced in favor of the plaintiff, L. W. Burnett, is substantially as follows:
On the 14th day of October, 1902, L. W. Burnett recovered judgment in an action in ejectment against C. P. Vittitow for the land in controversy. Since the recovery of that judgment up to the time of the institution of this suit, Burnett has paid the taxes on said land for every year except 1909. Burnett…
2Cases cited2 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Dawson v. ParhamSupreme Court of Arkansas · 1892
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