Thompson v. Bowen
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; Edward D. Robertson, Chancellor; 1. Where a duplicate certificate of purchase is surrendered, and by mistake or inadvertence a patent is issued to the widow, she will be held a trustee for the heirs. 44 Ark. 452; 49 id. 87; 55 id. 286. 2. A purchaser is affected with notice of all facts appearing in the recitals contained in all instruments in his chain of title. 23 A. & E. Enc.
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Appeal from Mississippi Chancery Court, Chickasawba District; Edward D. Robertson, Chancellor; 1. Where a duplicate certificate of purchase is surrendered, and by mistake or inadvertence a patent is issued to the widow, she will be held a trustee for the heirs. 44 Ark. 452; 49 id. 87; 55 id. 286. 2. A purchaser is affected with notice of all facts appearing in the recitals contained in all instruments in his chain of title. 23 A. & E. Enc. Law (2 Ed.) 508; 50 Ark. 322; 22 Am. Dec. 762; 4 id. 457; 57 id. 631; 3 Ark. 18; 35 id. 100; 50 id. 322; 43 id. 464. 3. The recitals in the patent were…
1Opinion of the CourtMcCulloch, J.
Appellants, as heirs at law of James H. Thompson, deceased, sue to recover a quarter section of land in Mississippi County.
In 1885 James H. Thompson purchased said tract of land, which was swamp and overflowed land, from the State of Arkansas, paid the purchase price, and received a certificate of entry. He died in 1861, leaving surviving his widow, Ann Thompson, and two children, who continued in possession of the land. In 1870 the State Eand Commissioner, upon proof being made by affidavit filed in his office of the loss of said -certificate, issued a duplicate certificate to the widow, Ann…
2Cases cited6 opinions
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Hart v. SeymourIllinois Supreme Court · 1893
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Kanenbley v. VolkenbergAppellate Division of the Supreme Court of the State of New York · 1902
- Jackson v. RobertsCourt of Appeals of Kentucky · 1894
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3Cited by5 opinions
- Tisdale v. GunterSupreme Court of Arkansas · 1937
- Reigel v. WoodSupreme Court of Oklahoma · 1924
- Sims v. LoughridgeSupreme Court of Arkansas · 1916
- Tankersley v. CornettCourt of Appeals of Kentucky (pre-1976) · 1929
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1947