Carnall v. Wilson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. The administrator is entitled to the possession of the lands of his intestate, and may therefore maintain the action of ejectment for their recovery. Dig. ch. 4, sec. 62; Adamson et at. vs. Cummins, 6 Eng. 549; Menefee’s adr. vs. Menefee, 3 ib. 48. The proof that the intestate was in possession of the land at the time of his death, is presumptive evidence of a seizin in fee until the contrary appear.
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Appeal from Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. The administrator is entitled to the possession of the lands of his intestate, and may therefore maintain the action of ejectment for their recovery. Dig. ch. 4, sec. 62; Adamson et at. vs. Cummins, 6 Eng. 549; Menefee’s adr. vs. Menefee, 3 ib. 48. The proof that the intestate was in possession of the land at the time of his death, is presumptive evidence of a seizin in fee until the contrary appear. Adams on Ejectment m. p. 282; Phill. on Ev. 282; Runn. on Ejectment, 12; 17 Ala. 533; Smith vs. Lorillard, 10 John. Rep.…
1Opinion of the CourtChief Justice English
Ejectment, commenced 3d May, 1854, in the Sebastian Circuit Court, by John Carnall, as administrator of John Dillard, deceased, against Thomas E. Wilson, for possession of the S. W. qr. of Sec. 1, and the N. W. qr. of Sec 12, in T. 8 N. li. 32 W.
The cause was submitted to the Court, sitting as a jury, upon issues to the pleas of ne unques administrator, and not guilty.
The plaintiff proved that he was duly appointed administrator of John Dillard, and letters of administration granted to him, by the Probate Court of Crawford county, 10th January, 1848.
It was then admitted by both parties, the…
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