Hibben v. Malone
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; 1. When James G. Hibben in 1854 paid the State for this land, the title was still in the general government, and it was still unconfirmed and unpatented at the time of his death. He acquired only a mere right to receive the State’s patent upon complying with the law after the State acquired title.
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Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; 1. When James G. Hibben in 1854 paid the State for this land, the title was still in the general government, and it was still unconfirmed and unpatented at the time of his death. He acquired only a mere right to receive the State’s patent upon complying with the law after the State acquired title. The legal •title never passed from the State until December 27, 1905. 27 Ark. 200. 2. No right of action accrued until duplicate certificate was issued. There is no proof nor presumption that James G. Hibben was ousted of possession…
1Opinion of the CourtMcCulloch, J.
Appellants, -who were plaintiffs below, claim title to the land in controversy under a purchase by their father, J. G. Hibben, from the State as swamp and overflowed land. The land was granted to the State under the act of Congress approved September 28, 1850, and was patented to the State in 1859. J. G. Hibben purchased the land from the State in 1857, and received a certificate of his purchase, which was proved to have been lost, and on December 27, 1905, the Commissioner of State Hands issued a duplicate thereof to appéllants as heirs at law of J. G. Hibben, and on the same day conveyed…
2Cases cited11 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- United States v. Montana Lumber & Manufacturing Co.Supreme Court of the United States · 1905
- Packard v. MossCalifornia Supreme Court · 1885
- Rozell v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1905
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3Cited by13 opinions
- Hellerud v. HauckIdaho Supreme Court · 1932
- Landman v. FincherSupreme Court of Arkansas · 1938
- Bickley v. Morgan Utilities Co., Inc.Supreme Court of Arkansas · 1927
- McKinney v. BeattieSupreme Court of Arkansas · 1923
- Belcher v. HarrSupreme Court of Arkansas · 1910
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