Rowland v. McGuire
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. John C. Hawthorne, Special Judge. In an action of ejectment, under our statute, after the plaintiff has shown a prima facie title in himself, the defendant is required to show , a better title in himself. 31 Ark. 334. This statute is unambiguous, and demands a literal construction. 24 Ark. 487; 11 N. Y. 573; 7 N. Y. 97; 23 Am. & Eng. Enc. Law, 399; Black, Interp.
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Appeal from Randolph Circuit Court. John C. Hawthorne, Special Judge. In an action of ejectment, under our statute, after the plaintiff has shown a prima facie title in himself, the defendant is required to show , a better title in himself. 31 Ark. 334. This statute is unambiguous, and demands a literal construction. 24 Ark. 487; 11 N. Y. 573; 7 N. Y. 97; 23 Am. & Eng. Enc. Law, 399; Black, Interp. Laws, 35. This action is one to quiet title, and not one of ejectment, and the defendant must defend by asserting an adverse interest in himself, and not in some third party. Sand. & H. Dig., §…
1Opinion of the CourtHughes, J.
It appears from the evidence in this case that the plaintiff's father,' Benjamin F. Hicks, who was the patentee of the land in controversy, died in the year 1883, leaving the appellant, as his only heir at law, then only about five years old; that she (appellant) was married in 1866, at the age of seventeen years, and had been covert ever since, to the time of bringing this suit; that Benjamin F. Hicks in January, 1841, executed to one Daniel Lieb a deed in trust for the use and benefit of James Martin, of the firm of Martin & Coffman,, on the land in controversy, to secure a debt of $145,…
2Cases cited1 opinion
- Hershy v. LathamSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Rowland v. McGuireSupreme Court of Arkansas · 1900
- Ex parte PettersonDistrict Court, D. Minnesota · 1908
- Cooper v. NewtonSupreme Court of Arkansas · 1900
- Dorsey Land & Lumber Co. v. SilviaSupreme Court of Arkansas · 1920