Pelham v. Wilson
Supreme Court of Arkansas
This was a suit in chancery, determined in the Johnson Circuit Court, in December, 1840, before the Hon. Richard C. S. Brown, one of the Circuit Judges. The original bill was filed by Joseph Cravens, against Josiah Perry, as administrator of John Ryan.
Read the full summary
This was a suit in chancery, determined in the Johnson Circuit Court, in December, 1840, before the Hon. Richard C. S. Brown, one of the Circuit Judges. The original bill was filed by Joseph Cravens, against Josiah Perry, as administrator of John Ryan. It stated, that the complainant, some lime in the year 1834, purchased, at public auction, @f Perry, as administrator of Ryan, a pre-emption sight to a certain parcel of land, in the county ©f Johnson, whereon Ryan, in his lifetime, had resided, and for which complainant, with Twitty Pace as his security, executed his bond to Perry, for the…
1Opinion of the Court
By the Court,
Dickinson, J.
The ftrst inquiry is, to whom did the improvement pass, upon the death of Ryan? To the administrator, or to the heirs? The interest that a party possesses in an improvement upon public land, is of a peculiar kind, and known only to our laws. He certainly has a possessory right or interest against all the world but the United States; and this is secured to him upon the principles of natural justice. It partakes, in some degree, of the nature of a chattel real, which Sir Edward Coke says, “ concerns or savors of the realty,” as being an interest issuing out of, or…
2Cited by4 opinions
- Dupas v. WassellU.S. Circuit Court for the District of Eastern Arkansas · 1870
- Craddock v. Stewart's Adm'rSupreme Court of Alabama · 1844
- Brock v. SmithSupreme Court of Arkansas · 1854
- Gaines v. HaleSupreme Court of Arkansas · 1870