Legal Opinion

Waller v. Dansby

Supreme Court of Arkansas

Decided October 11, 1920PublishedCited by 29 opinions

Appeal from Nevada Circuit Court; James S. Steel, Judge; STATEMENT OE EAOTS. Appellant instituted this action in the circuit court against appellee to recover possession of a certain tract of land.

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Appeal from Nevada Circuit Court; James S. Steel, Judge; STATEMENT OE EAOTS. Appellant instituted this action in the circuit court against appellee to recover possession of a certain tract of land. The material facts are as follows: The present suit was commenced on October 17, 1917, and the trial was had on the 6th day of January, 1920. The forty acres of land involved in this appeal were originally owned by Jacob Dansby, the husband of Amanda Dansby, and the father of Marshall Dansby. He mortgaged this forty-acre tract along with several other tracts of land to W. B. Waller to secure an…

1Opinion of the CourtHart, J.

(after stating the facts). It is claimed by counsel for appellant that Marshall Dansby had no color of title to the forty acres invlved in this appeal, and therefore could only acquire title by adverse possession to the ten acres of land which he had cleared and actually had in his possession. In making this contention counsel have not taken into consideration the fact that Marshall Dansby could tack his possession to that of his father, Jacob Dansby. The record shows that Jacob Dansby originally owned the land and had a deed thereto. According to the testimony of Amanda Dansby they paid…

2Cases cited5 opinions

  1. St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
  2. Bland v. FleemanSupreme Court of Arkansas · 1893
  3. Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
  4. Miller v. FraleySupreme Court of Arkansas · 1861
  5. Wilson v. RogersSupreme Court of Arkansas · 1911

3Cited by29 opinions

  1. Owners Ass'n of Foxcroft Woods, Inc. v. Foxglen AssociatesSupreme Court of Arkansas · 2001
  2. Jordan v. Bank of MorriltonSupreme Court of Arkansas · 1925
  3. Walker-Lucas-Hudson Oil Company v. HudsonSupreme Court of Arkansas · 1925
  4. Dial v. ArmstrongSupreme Court of Arkansas · 1938
  5. Stricker v. BrittSupreme Court of Arkansas · 1941

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