Brasher v. Taylor
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jaclcson, Judge; STATEMENT BY THE COURT. This was an action of ejectment brought by appellants against appellees on the 24th of September, 1904. The facts are as follows: W. A. Brasher died intestate in the year 1863, owning the lands in controversy, which, are situated in Lee County, Arkansas'. He left surviving him as his sole heirs at law, A. W. Brasher, Rachel Brown, Melissa Long, T. J. Brasher and Mrs. A. Woolridge, who were Ms…
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Appeal from Lee Circuit Court; J. M. Jaclcson, Judge; STATEMENT BY THE COURT. This was an action of ejectment brought by appellants against appellees on the 24th of September, 1904. The facts are as follows: W. A. Brasher died intestate in the year 1863, owning the lands in controversy, which, are situated in Lee County, Arkansas'. He left surviving him as his sole heirs at law, A. W. Brasher, Rachel Brown, Melissa Long, T. J. Brasher and Mrs. A. Woolridge, who were Ms brothers and sisters. Rachel Brown is a married woman, having married in 1855. Melissa Long is a married woman and has been…
1Opinion of the Court
Hart, J.,
(after stating the facts). - In several of the States, by statute, actions of ejectment may be brought against persons claiming title to or any interest in real property although not in possession. Counsel for the plaintiffs, to reverse the judgment, have cited decisions under these statutes but they have no application here. Under our statutes in order to entitle the plaintiff to recover in an action of ejectment he must show that he had title to the premises claimed and that the defendant was in possession of same at the time of the commencement of the action. Kirby’s Digest, §…
Also in this document: Dissent.
2Cases cited7 opinions
- Towson v. DensonSupreme Court of Arkansas · 1905
- Singer v. NaronSupreme Court of Arkansas · 1911
- Brown v. BocquinSupreme Court of Arkansas · 1892
- Parsons v. SharpeSupreme Court of Arkansas · 1912
- Taylor v. LeonardSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- Wyatt v. WycoughSupreme Court of Arkansas · 1960
- Jung v. PetermannCourt of Appeals of Texas · 1917
- Smith v. Boynton Land & Lumber Co.Supreme Court of Arkansas · 1917
13 more not listed; retrieve them via the Exa API.