Beardsley v. Hill
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; 1. It is not necessary that plaintiff in ejectment show a title perfect against the world in order to recover. 31 Ark. 334; 41 Ark. 465; 37 Fla. 464; 8 Wheat. 1. Possession of a part of a body of land under ■ color of title will draw to it possession of the whole. 71 Ark. 390. 2. The court erred in excluding testimony tending to show the execution of deed to Fred J. Richters.
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Appeal from Howard Circuit Court; James S. Steel, Judge; 1. It is not necessary that plaintiff in ejectment show a title perfect against the world in order to recover. 31 Ark. 334; 41 Ark. 465; 37 Fla. 464; 8 Wheat. 1. Possession of a part of a body of land under ■ color of title will draw to it possession of the whole. 71 Ark. 390. 2. The court erred in excluding testimony tending to show the execution of deed to Fred J. Richters. The deed itself not being in possession of witnesses, and being beyond the jurisdiction of the court, parol evidence of its contents was competent. 31 Ark. 364; 70…
1Opinion of the CourtBattle, J.
This action was brought by Catherine A. Beardsley, and others against J. B. Hill and others to recover the possession of a certain tract of land. The defendant denied that plaintiffs were the owners of the land or entitled to its possession, ■claiming that they were rightfully and lawfully in possession.
Evidence was adduced in the trial of the action tending to prove that Catherine A. Beardsley was at one time the owner of the land, but a record of a deed purporting to have been executed by her and her husband, Paul F. Beardsley, and duly and lawfully acknowledged by them and recorded,…
2Cases cited3 opinions
- Apel v. KelseySupreme Court of Arkansas · 1886
- Nix v. PfeiferSupreme Court of Arkansas · 1904
- Dawson v. ParhamSupreme Court of Arkansas · 1886
3Cited by5 opinions
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Knight v. RogersSupreme Court of Arkansas · 1941
- Haynes v. ClarkSupreme Court of Arkansas · 1938
- Winn v. WhitehouseSupreme Court of Arkansas · 1910
- Clark v. GridironSupreme Court of Arkansas · 1953