Legal Opinion

Martin v. Urquhart

Supreme Court of Arkansas

Decided October 15, 1904PublishedCited by 5 opinions

Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. A subsequent particular description of lands controls a former general one. 3 Ark. 18; 11 Mass. 167; 4 Mass. 205 ; 19 Ark. 108; 21 Ark. 327; 30 Ark. 645; Devlin, Deeds, §. 1035, P- 355* The deed to “the J. J. Martin plantation” conveyed the four acres in controversy, though same did not lie within the subdivisions mentioned in the deed following said general description. 2 Dev.

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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. A subsequent particular description of lands controls a former general one. 3 Ark. 18; 11 Mass. 167; 4 Mass. 205 ; 19 Ark. 108; 21 Ark. 327; 30 Ark. 645; Devlin, Deeds, §. 1035, P- 355* The deed to “the J. J. Martin plantation” conveyed the four acres in controversy, though same did not lie within the subdivisions mentioned in the deed following said general description. 2 Dev. Deeds, § 1018; 3 Greenl. 393, 398; 44 Cal. 132; 18 la. 460; 49 Ark. 115531 Ark. 74; 3 Ark. 18, 58.

1Opinion of the Court

Battle J.

Martin and wife conveyed, by deed, to Urquhart lands lying in the county of Pulaski and State of Arkansas, and described them therein as follows:

“The property known as the, J. J Martin plantation, embracing the east two-thirds of the north fractional half of section 6, township 1 north, range 11 west, except the land conveyed to Adolph Topf by the grantors herein by warranty deed on the 10th day of June, 1889, which' is now of record in Deed Book 26, page 412, in the office of the recorder of Pulaski county, Arkansas; except also the lands conveyed by grantors by their warranty deed…

2Cited by5 opinions

  1. Moore v. ExelbySupreme Court of Arkansas · 1926
  2. Meir-Nandorf v. MilnerIdaho Supreme Court · 1921
  3. Oliver v. HowieSupreme Court of Arkansas · 1926
  4. Castle v. SandersSupreme Court of Arkansas · 1923
  5. R. S. Biggers Company v. NormanSupreme Court of Arkansas · 1945

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