Finley v. Hogan
Supreme Court of Arkansas
Appeal from Fulton Circuit Court. John B. McCaleb, Judge. Appellants, John and Plisa Finley, brought suit ■against Hogan and another to recover possession of certain lands. Defendants set up tax-titles to the lands, and also claimed title by adverse possession under the two years statute of limitation. Plaintiffs filed an amended complaint, asking that defendants’ title be removed as a cloud upon their title, and that the cause be transferred to equity.
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Appeal from Fulton Circuit Court. John B. McCaleb, Judge. Appellants, John and Plisa Finley, brought suit ■against Hogan and another to recover possession of certain lands. Defendants set up tax-titles to the lands, and also claimed title by adverse possession under the two years statute of limitation. Plaintiffs filed an amended complaint, asking that defendants’ title be removed as a cloud upon their title, and that the cause be transferred to equity. The court refused to transfer the cause to the equity docket. The testimony was to the effect that the taxes were paid on the lands for the…
1Opinion of the CourtWood, J.
It is within the power of the legislature to limit the period for the disturbance of one who holds the actual, adverse, open, exclusive and continuous possession of land under a donation deed. Cooley, Tax. 556; Florida Savings Bank v. Brittain, 20 Fla. 507. They have fixed the period at two years. Legislation of this character is not like that which attempts to make good by the lapse of time, as against the true owner in possession, that which was bad from the beginning. Section one of the act of January 10, 1857 (Sand. & H. Dig. sec. 4819), is a statute of limitation, and those who come…
2Cases cited7 opinions
- Bender v. BeanSupreme Court of Arkansas · 1889
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Cooper v. LeeSupreme Court of Arkansas · 1894
- Florida Savings Bank & Real Estate Exchange v. BrittainSupreme Court of Florida · 1884
- Helena v. HornorSupreme Court of Arkansas · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Towson v. DensonSupreme Court of Arkansas · 1905
- Crill v. HudsonSupreme Court of Arkansas · 1903
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Johnson v. ElderSupreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.