Nunn v. Lynch
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; -Edward D. Robertson, Chancellor; This court has held: “Color of title is defined to be that which in appearance is title, but which in reality is no title.” 47 Ark. 528; 67 Ark. 188. It has also held that the contents of the will were not established. 73 Ark. 20. The question as to the contents of the alleged will is no clearer now than on the former appeal. Hence the court erred in taking into consideration the question of improvements.
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Appeal from Woodruff Chancery Court; -Edward D. Robertson, Chancellor; This court has held: “Color of title is defined to be that which in appearance is title, but which in reality is no title.” 47 Ark. 528; 67 Ark. 188. It has also held that the contents of the will were not established. 73 Ark. 20. The question as to the contents of the alleged will is no clearer now than on the former appeal. Hence the court erred in taking into consideration the question of improvements. A will, though ineffectual as a devise of property, may be color of title such as to sustain a claim for betterments;…
1Opinion
ON REHEARING.
Opinion delivered January 25, 1909.
We overlooked, in our former consideration of this case, appellant’s contention that the chancellor erred in refusing to allow recovery of interest on the rental value of the lands in controversy. Our attention is again called to the matter, and the question is squarely presented for decision whether or not appellant is entitled, as part of his damages for detention of the land, to interest on the rental value of the premises up to the date of judgment. It will be remembered that appellees held over after the death of their predecessor, who was…
2Cases cited6 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1886
- Illinois & St. Louis Railroad v. McClintockIllinois Supreme Court · 1873
- Sweaney v. United StatesWisconsin Supreme Court · 1885
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