Maney v. Burke
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N.. Hutton, Judge; 1. The court erred in directing a verdict for plaintiff. In ejectment against a defendant in possession under a donation deed, plaintiff must prove perfect title in himself, thus overcoming the 'prima facie title in defendant. 40 L. R. A. 825; 28 Id. 612; 38'Ark. 181. 2. A decree in a personal action binds only parties to the suit. 77 Ark. 477; Kirby’s Dig., § 6321; 38 Ark. 192; 35 Id. 450; 61 Id.'464; 66 Id. 305;…
Read the full summary
Appeal from Phillips Circuit Court; Hance N.. Hutton, Judge; 1. The court erred in directing a verdict for plaintiff. In ejectment against a defendant in possession under a donation deed, plaintiff must prove perfect title in himself, thus overcoming the 'prima facie title in defendant. 40 L. R. A. 825; 28 Id. 612; 38'Ark. 181. 2. A decree in a personal action binds only parties to the suit. 77 Ark. 477; Kirby’s Dig., § 6321; 38 Ark. 192; 35 Id. 450; 61 Id.'464; 66 Id. 305; 60 Id. 374; 17 A. & E. Enc. Law toio; 75 Ark. 1; 130 U. S. 493; 60 Ark. 364; 28 S. W. 332. 3. Plaintiff must recover on…
1Opinion of the CourtHart, J.
Luke Maney is in possession of a certain tract of land in Phillips County, Arkansas, under a deed from the State Land Commissioner for the nonpayment of taxes. His deed is dated October 14, 1899. He has been in possession of the land since his deed was executed, and has cleared a part of it, and placed valuable improvements on it.
R. C. Burke brought suit in ejectment against him in the Phillips Circuit Court to recover the land. The suit was commenced October 3, 1901. The statement of facts is as follows:
In 1889 the Cotton Belt Levee District instituted suit in the Phillips Chancery Court…
2Cases cited3 opinions
- Allen v. PhillipsSupreme Court of Arkansas · 1908
- Cracraft v. MeyerSupreme Court of Arkansas · 1905
- Doniphan Lumber Co. v. ReidSupreme Court of Arkansas · 1907
3Cited by3 opinions
- Bell v. Board of DirectorsSupreme Court of Arkansas · 1913
- Jackson v. GregorySupreme Court of Arkansas · 1945
- Beloate, Trustee v. HathcoatSupreme Court of Arkansas · 1945