Van Etten v. Daugherty
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Edward Robertson, Chancellor; STATEMENT by the court. Appellee alleged that he was the owner and in possession of the northwest quarter of the southwest quarter of section twenty (20), township eight (8) north, range seven (7) east, containing 40 acres.
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Appeal from Crittenden Chancery Court; Edward Robertson, Chancellor; STATEMENT by the court. Appellee alleged that he was the owner and in possession of the northwest quarter of the southwest quarter of section twenty (20), township eight (8) north, range seven (7) east, containing 40 acres. He alleged title as follows: 1. Swamp land grant under act of September 20, .1850. 2. Entry by B. C. Crump. 3. Forfeitures to the State in 1877 for nonpayment of the taxes of 1873, 1874, 1875 and 1876. 4. Donation to the St. Francis Eevee District under act of March 29, 1893, donating to said district all…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Appellee and his grantor, Grant, having taken possession of the land in controversy under color of title and having held the same continuously, openly and adversely for more than seven years, as the agreed statement and proof aliunde show, had title to quiet. Elliott v. Pearce, 20 Ark. 508; Cofer v. Brooks, 20 Ark. 542; Pillow v. Roberts, 12 Ark. 822. See Sibly v. Gomillion, 76 Ark. 442.
The actual possession of part of the land under the deed was in law possession to the limit of his grant, and gave appellee’s grantor, and appellee through him, title to…
2Cases cited13 opinions
- Ballard v. HunterSupreme Court of the United States · 1907
- Crill v. HudsonSupreme Court of Arkansas · 1903
- Ballard v. HunterSupreme Court of Arkansas · 1905
- Sparks v. FarrisSupreme Court of Arkansas · 1902
- Gibney v. CrawfordSupreme Court of Arkansas · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Board of Directors of St. Francis Levee District v. FlemingSupreme Court of Arkansas · 1910
- State Ex Rel. Attorney General v. WilsonSupreme Court of Arkansas · 1930
- Johnson v. ElderSupreme Court of Arkansas · 1909
12 more not listed; retrieve them via the Exa API.