Burke v. St. Louis, Iron Mountain & Southern Ry. Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. Equity has jurisdiction to remove a cloud from title where the owner has only an equitable title. 37 Ark. 645; 44 Ark. 437; 29 Ark. 619; Sed. & W. Tr. Tit. § 154; Pom. Eq'. § 1399; 63 Ark. 412. Even if plaintiff was in possession, he could go into equity to clear his title. 17 How. 47; 94 U. S. 812; no U. S. 15; 3 Pet. 447; Sedg. Const. & Stat Law, § § 488, 548; 44 Ark. 436; 43 Ark. 28; 3 Pom.
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Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. Equity has jurisdiction to remove a cloud from title where the owner has only an equitable title. 37 Ark. 645; 44 Ark. 437; 29 Ark. 619; Sed. & W. Tr. Tit. § 154; Pom. Eq'. § 1399; 63 Ark. 412. Even if plaintiff was in possession, he could go into equity to clear his title. 17 How. 47; 94 U. S. 812; no U. S. 15; 3 Pet. 447; Sedg. Const. & Stat Law, § § 488, 548; 44 Ark. 436; 43 Ark. 28; 3 Pom. Eq. § 1399; 23 Wall, 466; 19 How. 271; 130 U. S. 177; 22 Ark. 109; 133 U. S. 471. Equity has jurisdiction also because appellant has no…
1Opinion of the CourtBunn, C. J.
This is a bill in equity to cancel a deed under which defendants claim title and hold possession, and to quiet plaintiff’s title, which is an equitable title only, and he out of possession. Demurrer to the complaint sustained, and plaintiff appeals.
The plaintiff alleges in his bill that his father, James H. Burke, on the 10th of April, 1872, purchased from Alexander George, grantee of the state, the lot in controversy, namely: “Twenty feet off the south end of lot 6 in block 1, in Pope’s addition to the city of Little Rock,” for the consideration of $1,300, but for “business conveniences” had…
2Cases cited1 opinion
- Asheey v. Little RockSupreme Court of Arkansas · 1892
3Cited by6 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Pearman v. PearmanSupreme Court of Arkansas · 1920
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Apple v. AppleSupreme Court of Arkansas · 1912
- Parker v. MobleySupreme Court of Arkansas · 1979
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