Boynton v. Ashabranner
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. The confirmation decree was not subject to collateral attack. 52 Ark. 400; Freeman, Judg. § 118; Kirby’s Dig. § 673; 57 Ark. 49, 628; 62 Ark. 421; 66 Ark. 1. The proof is not sufficient to question the validity of the confirmation decree. 68 Ark. 211. The tax title under which appellee fails must fail. 32 Ark. 496; 58 Ark. 213 ; 42 Ark. 100; 56 Ark. 93 ; 69 Ark. 576. The owner of a legal title is…
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Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. The confirmation decree was not subject to collateral attack. 52 Ark. 400; Freeman, Judg. § 118; Kirby’s Dig. § 673; 57 Ark. 49, 628; 62 Ark. 421; 66 Ark. 1. The proof is not sufficient to question the validity of the confirmation decree. 68 Ark. 211. The tax title under which appellee fails must fail. 32 Ark. 496; 58 Ark. 213 ; 42 Ark. 100; 56 Ark. 93 ; 69 Ark. 576. The owner of a legal title is presumed to be in possession of the land, unless ousted by the actual possession of an adverse claimant. 45 Ark. 81; 38 Ark.…
1Opinion of the CourtWood, J.
This is a suit by appellants against appellee to recover and quiet title to the southwest quarter, section 25, township 15 north range 8 east, in Mississippi County, Arkansas. The issues in this case are the same as in No. 5310, decided this day, opinion by Chief Justice Hill, and the facts are the same, except on the question of limitation. (Boynton v. Ashabranner, ante p. 415.) Therefore, the opinion in that case is controlling in this on all issues except adverse possession. On the question of adverse possession the court found in this case “that defendant was in the open, notorious,…
2Cases cited2 opinions
- Crill v. HudsonSupreme Court of Arkansas · 1903
- Sparks v. FarrisSupreme Court of Arkansas · 1902
3Cited by7 opinions
- Carpenter v. SmithSupreme Court of Arkansas · 1905
- Chavis v. HenrySupreme Court of Arkansas · 1943
- Van Etten v. DaughertySupreme Court of Arkansas · 1907
- Chicot Lumber Co. v. DardellSupreme Court of Arkansas · 1907
- Johnson v. ElderSupreme Court of Arkansas · 1909
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