Faulkner v. Feazel
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This was a suit in ejectment -brought by W. P. Feazel, J. I. McNutt and D. B. Sain against appellants to recover a certain half section of land situated in Howard County. Both parties claim title from the same source, one, G-. W. Faulkner. There was a jury trial and verdict and judgment for appellees, from which judgment appellants prosecuted this appeal.
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This was a suit in ejectment -brought by W. P. Feazel, J. I. McNutt and D. B. Sain against appellants to recover a certain half section of land situated in Howard County. Both parties claim title from the same source, one, G-. W. Faulkner. There was a jury trial and verdict and judgment for appellees, from which judgment appellants prosecuted this appeal. The complaint alleged that plaintiffs were the owners -of the land, and derived their title thereto as follows: One Gr. W. Faulkner conveyed said land in…
1Opinion of the Court
Smith, J.,
(after stating the facts). It is contended by appellants that the conveyance by Faulkner to his wife transferred to her only an equitable title to the land in controversy, and that an action of ejectment could not be maintained upon that title. No exception appears to have been made to this deed in the court below, and no objection was made to its introduction as evidence. But, if appellees have any title to this land, they have the right to its possession and an equitable title coupled with the legal right to possession is sufficient to maintain an action of ejectment. Kirby’s…
2Cases cited6 opinions
- Tyler v. HallSupreme Court of Missouri · 1891
- Percifull v. PlattSupreme Court of Arkansas · 1880
- Russell v. MaySupreme Court of Arkansas · 1905
- O'Neal v. BrownSupreme Court of Georgia · 1881
- Alexander v. HardinSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McKim v. McLineySupreme Court of Arkansas · 1971
- McKim v. McLineySupreme Court of Arkansas · 1971
- Cavett v. PettigrewSupreme Court of Arkansas · 1930
- Simmons v. SimmonsSupreme Court of Arkansas · 1942
- Deal v. DealSupreme Court of Arkansas · 1952
10 more not listed; retrieve them via the Exa API.