Skipwith v. Martin
Supreme Court of Arkansas
APPEAL fro.m Pulaski ^Chancery Court. D. W. Carroll, Chancellor. 1. If Bussell had had the legal title at the time of the ■execution of the Bill of Assurances the fee would not have passed to the county by virtue of it, but the effect would have been simply to convey an easement or perpetual servitude in the land for the uses and purposes therein defined. 3 Wash.
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APPEAL fro.m Pulaski ^Chancery Court. D. W. Carroll, Chancellor. 1. If Bussell had had the legal title at the time of the ■execution of the Bill of Assurances the fee would not have passed to the county by virtue of it, but the effect would have been simply to convey an easement or perpetual servitude in the land for the uses and purposes therein defined. 3 Wash. Beal Property, p. 333. The county at this date was incapable of being the grantee of a fee simple title. 26 Ark., •37 ; 96 U. S., 308; 4 Ark, 473; 42 Id., 54 ; 32 Id., 575. Beview the acts of Congress and Territorial legislation and…
1Opinion of the Court
McCaiN, Special Judge.
This is a controversy about the parcel of land occupied by the old county jail in Little Rock. The following statement of facts will serve to present the legal questions we are called upon to determine :
On the 24th day of October, 1821, the territorial legislature, by an act appointed three commissioners to locate the county seat of Pulaski county, and empowered the court of common pleas to appoint commissioners to superintend the erection of county buildings, and authorized the latter to receive donations for that purpose. Within less than thirty days from the passage…
2Cases cited8 opinions
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- Ricard v. WilliamsSupreme Court of the United States · 1822
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- Mead v. BallardSupreme Court of the United States · 1869
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3Cited by8 opinions
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