White v. Moffett
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Garter, Judge; STATEMENT BY THE COURT. The appellees, John B. Moffett and others, brought this suit in ejectment for a certain forty acres of land in Miller County, Arkansas, particularly describing it, alleging that they were the owners thereof and the children and heirs of N. B. Moffett, who died seized and possessed of said land on December 4, 1905, leaving them, his children and Frankie Moffett, his widow, surviving Mm.
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Appeal from Miller Circuit Court; Jacob M. Garter, Judge; STATEMENT BY THE COURT. The appellees, John B. Moffett and others, brought this suit in ejectment for a certain forty acres of land in Miller County, Arkansas, particularly describing it, alleging that they were the owners thereof and the children and heirs of N. B. Moffett, who died seized and possessed of said land on December 4, 1905, leaving them, his children and Frankie Moffett, his widow, surviving Mm. They deraigned their title to said tract of land through a deed from Thomas P. Carroll to their father, N. R. Moffett, of date…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended by appellant that since the deed from Carroll to N. R. Moffett, the father of appellees, was not placed of record until more than two years.after the deeds made by said Carroll and wife to Frankie Moffett, his widow, and from her to Sam Johnson, conveying the land, had been recorded, that .they were not bound to take notice of same, it not being in their chain of title, and that in any event their grantor, Sam Johnson, was an innocent purchaser of the lands and that they acquired all his rights, as such, without regard to the record of said…
2Cases cited6 opinions
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Penrose v. DohertySupreme Court of Arkansas · 1902
- Campbell v. JonesSupreme Court of Arkansas · 1889
- Cunningham v. WilliamsSupreme Court of Arkansas · 1883
- Foster v. ElledgeSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
- Truschel v. Rex Amusement Co.West Virginia Supreme Court · 1926
- Nadeau v. Texas CompanyMontana Supreme Court · 1937
- Krow & Neumann v. BernardSupreme Court of Arkansas · 1922
- Mossler Acceptance Co. v. JohnsonDistrict Court, W.D. Arkansas · 1952
22 more not listed; retrieve them via the Exa API.