Legal Opinion

Wilson v. Rogers

Supreme Court of Arkansas

Decided January 23, 1911PublishedCited by 7 opinions

Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; 1. Neither conveyances, nor color of title, nor payment of taxes, nor all combined, can give title under the statute of limitations. There must be proof of adverse possession for the requisite time.

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Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; 1. Neither conveyances, nor color of title, nor payment of taxes, nor all combined, can give title under the statute of limitations. There must be proof of adverse possession for the requisite time. There is no such evidence here. 45 Ark. 81. 2. An acknowledgment of satisfaction of a mortgage prima facie imports extinguishment of the mortgage debt, and the burden to the contrary rests on the creditor. 42 Ark. 61. 3. Plaintiff must succeed on the strength of her own title, and the burden is on her. 90 Ark. 423. 1. The answer of…

1Opinion of the CourtMcCulloch, C. J.

Appellee instituted this action in the chancery court of Boone County to quiet her title to a tract of land containing 6.67 acres, situated near the town of Harrison in that county. Appellee claims investiture of title by adverse possession of her grantors for a period of about twenty years, and she seeks to cancel as a cloud on her title a sale of the land to the State of Arkansas for taxes, which sale is alleged to be void, and a deed to appellants made by the Commissioner of State Lands pursuant to said tax forfeiture.

The evidence shows that the taxes for which the lands were forfeited had…

2Cases cited2 opinions

  1. Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
  2. Sibly v. EnglandSupreme Court of Arkansas · 1909

3Cited by7 opinions

  1. Waller v. DansbySupreme Court of Arkansas · 1920
  2. Harris v. GraysonSupreme Court of Oklahoma · 1930
  3. Reynolds v. SnyderSupreme Court of Arkansas · 1915
  4. Jennings v. BouldinSupreme Court of Arkansas · 1911
  5. Horseman v. HinchaSupreme Court of Arkansas · 1919

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