Abraham v. Hatchett
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. There was no evidence to justify a verdict for $350 for improvements. 71 Ark. 605. The'measure of value is the enhanced value of the land and not the cost. 92 Ark. 190. 2. Defendants had no ‘ ‘ color of title ’ ’ to sustain the claim for improvements. 120 Ark. 620; 47 Ark. 528; 42 Id. 118; 8 Pac. 818, 820. An invalid certificate of homestead entry does not constitute color of title. 84 Ark. 316; 84…
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. There was no evidence to justify a verdict for $350 for improvements. 71 Ark. 605. The'measure of value is the enhanced value of the land and not the cost. 92 Ark. 190. 2. Defendants had no ‘ ‘ color of title ’ ’ to sustain the claim for improvements. 120 Ark. 620; 47 Ark. 528; 42 Id. 118; 8 Pac. 818, 820. An invalid certificate of homestead entry does not constitute color of title. 84 Ark. 316; 84 S. W. 224; 1 Cyc. 1030-1; 92 Ark. 184; 41 Pac. 357. 3. Betterments are only allowed to one who believes himself…
1Opinion of the CourtHart, J.
This is an action of ejectment instituted in the circuit court by J. T. Abraham against Doc Hatchett, Jr., and Doc Hatchett, Sr., to recover two hundred acres of land.
The defendants admitted that the plaintiff had title to the land but they claimed to be in possession of it under “color of title” by virtue of a homestead certificate and claimed judgment for improvements to the amount of $479.50. On the trial of the case it was shown that the defendants filed their homestead application in the United States Land Office at Li/ttle Eock, Arkansas, on February 1, 1911, and paid the fees therefor.…
2Cases cited9 opinions
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Beard v. DansbySupreme Court of Arkansas · 1886
- White v. StokesSupreme Court of Arkansas · 1899
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- Bloom v. StraussSupreme Court of Arkansas · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Carrick v. GormanSupreme Court of Arkansas · 1960
- Carrick v. GormanSupreme Court of Arkansas · 1960