Legal Opinion

Harvey v. Douglass

Supreme Court of Arkansas

Decided December 3, 1904PublishedCited by 11 opinions

Appeal from Lincoln County Circuit Court. Antonio B. Grace, Judge. STATEMENT BY THE COURT. Mrs.-Douglass brought this action of ejectment in the Lincoln Circuit Court against the appellees, Harvey, Woods and Atkinson, alleging that she was the owner and entitled to the immediate possession of the real estate therein described, set forth her title, and that the defendants had been in the unlawful possession of it for the past two years, claiming under some sort of title…

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Appeal from Lincoln County Circuit Court. Antonio B. Grace, Judge. STATEMENT BY THE COURT. Mrs.-Douglass brought this action of ejectment in the Lincoln Circuit Court against the appellees, Harvey, Woods and Atkinson, alleging that she was the owner and entitled to the immediate possession of the real estate therein described, set forth her title, and that the defendants had been in the unlawful possession of it for the past two years, claiming under some sort of title emanating from Thomas E. Douglass. She deraigned her title as follows, making the muniments exhibits to the complaint. 1.…

1Opinion of the Court

Hill, C. J.,

(after stating the facts.) 1. The first question “to consider in the case is as to the issues betwen the parties. The general denial of ownership of the land, 'when the alleged title is set forth specifically as required by good pleading, raises no issue at all. This court declared the chief object of the reform system of pleading is- “to compel the adverse parties to disclose to each other the facts upon which they rely- to uphold the claim upon the one side, and to maintain the defense on the other, in order that each may know what he is required to establish or repel by proof…

2Cases cited12 opinions

  1. Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
  2. Dorr v. School District No. 26Supreme Court of Arkansas · 1882
  3. Beard v. WilsonSupreme Court of Arkansas · 1889
  4. McCann v. SmithSupreme Court of Arkansas · 1898
  5. Walker v. DavidSupreme Court of Arkansas · 1901

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Haggart v. RanneySupreme Court of Arkansas · 1904
  2. Beasley v. HaneySupreme Court of Arkansas · 1910
  3. Woodall v. EdwardsSupreme Court of Arkansas · 1907
  4. Wolf & Bailey v. PhillipsSupreme Court of Arkansas · 1913
  5. Pace v. CrandellSupreme Court of Arkansas · 1905

6 more not listed; retrieve them via the Exa API.

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