Gaines v. Hale
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court. Hon. LibbRTY Bartlett, Circuit Judge.- In all eases of grants, the interpretation should be most favorable to the public and most strongly against the grantee. Townsend v. Broten 4 Zabr. 80; Mayor, etc. v. Ohio and Fenn. R. It. Co■ 26 Fenn. S. E. 855; Green’s Estate, 4 Md. Chy.
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Appeal from Hot Springs Circuit Court. Hon. LibbRTY Bartlett, Circuit Judge.- In all eases of grants, the interpretation should be most favorable to the public and most strongly against the grantee. Townsend v. Broten 4 Zabr. 80; Mayor, etc. v. Ohio and Fenn. R. It. Co■ 26 Fenn. S. E. 855; Green’s Estate, 4 Md. Chy. Feds. 8^9; McLeed v. Burroughs, 9. Geo. 218; TIarrison v. Young, lb. 859; Hagan v. Campbell, 8 Port., 9. Continuity of possession is tlie vital principle of a pre-emption ; and a voluntary removal will be deemed an abandonment. Jacobs v. Figans, 85 Penn. 8. R. 45; Watson v.…
1Opinion of the Court
Stoby, Special O. «T.
Gaines, in an action of ejectment, in the Hot Springs circuit court, recovered judgments against Hale and tenants, and Rector and tenants, for the possession of the south-west quarter of' section 33, in township 2, south of range 19 west, including-the Hot Springs, which judgments were affirmed by the Supreme Court of this State and the United States.
Hale.and Rector filed separate bills, each claiming an equitable title to the land in controversy, superior to the legal title of Gaines; prayed that their rights might be declared, their title quieted, and that a perpetual…
2Cases cited15 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Clark v. SmithSupreme Court of the United States · 1839
- Lytle v. the State of ArkansasSupreme Court of the United States · 1850
- Gaines v. NicholsonSupreme Court of the United States · 1850
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