Jones v. Freed
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. S. C. Hall, Special Judge. Appellants have had adverse possession for sixteen years, and appellees are barred. As to what is adverse possession, see 17 Ark., 627; SO lb., 61fi; 33 lb., 150. "Where one dies in possession of land it is prima fade evidence that he was seized in fee. Possession of land for the full period of limitation, amounts to an investiture of title.
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APPEAL from Yell Circuit Court. Hon. S. C. Hall, Special Judge. Appellants have had adverse possession for sixteen years, and appellees are barred. As to what is adverse possession, see 17 Ark., 627; SO lb., 61fi; 33 lb., 150. "Where one dies in possession of land it is prima fade evidence that he was seized in fee. Possession of land for the full period of limitation, amounts to an investiture of title. (34- Ark., 534•) Any color of title coupled with possession, adverse, open, notorious and continuous for seven years is sufficient. 34 lb., 547, 598; Hempstead, 624; Fort Smith v. McKibben,…
1Opinion of the CourtSmith, J.
In 1862 the land in controversy was conveyed to Mrs. Ferrell by a deed which did not exclude the marital rights of any future husband she might take. In 1865 she was married to Dacus, but the land was never scheduled as her separate property under the provisions of the married woman’s law then in forcé. In 1866, Dacus sold and conveyed the land to Kimball with covenants of general warranty and seizin in himself. At the end of this deed is the following clause of joinder: “And for the consideration aforesaid and for divers other good and valuable considerations, I, Ellen J. Dacus, wife of the…
2Cited by4 opinions
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
- Lewis v. Welch Wholesale Flour & Feed Co.West Virginia Supreme Court · 1924