Little v. Williams
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District ; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This case involves a controversy concerning the title to a large body of unsurveyed and unoccupied land containing 1,000 or 1,200 acres of land within the meandered lines of what is known as Walker’s Take according to the survey made in 1847 by the United States government.
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Appeal from Mississippi Chancery Court, Chickasawba District ; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This case involves a controversy concerning the title to a large body of unsurveyed and unoccupied land containing 1,000 or 1,200 acres of land within the meandered lines of what is known as Walker’s Take according to the survey made in 1847 by the United States government. The plaintiff, Johanna Tittle, claiming to be in actual possession of the lands in controversy, instituted this suit in chaneery against the defendants, J. J. Williams and others, to quiet her alleged…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The first question presented is one of fact, whether at the time of the Government survey in 1847 the land in controversy was a portion of the bed of Walker’s Lake, or whether it was swamp land; for, if the former state of fact is found to have existed, then the title of the owners of adjoining lands extended to the center of the lake by virtue of their riparian rights as such owners; and, since the recession or drying up of the waters has left the land exposed, it belongs to them. See Rhodes v. Cissel, 82 Ark. 367, and cases therein cited.
Appellant…
2Cases cited25 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- Cragin v. PowellSupreme Court of the United States · 1888
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
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3Cited by38 opinions
- Barboro v. BoyleSupreme Court of Arkansas · 1915
- Weaver v. HowattCalifornia Supreme Court · 1915
- Thomason v. AbbottSupreme Court of Arkansas · 1950
- Chavis v. HenrySupreme Court of Arkansas · 1943
- United States v. Lee Wilson & Co.District Court, E.D. Arkansas · 1914
33 more not listed; retrieve them via the Exa API.