Davenport v. Hudspeth
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; statement by the court. This suit was begun by appellee in the Marion Circuit Court as an action of ejectment.
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Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; statement by the court. This suit was begun by appellee in the Marion Circuit Court as an action of ejectment. Appellee set up that he had title and the right to possession of the land in controversy by virtue of a deed from J. F. Hudspeth and his wife, who deraigned title from one Rhea, who obtained patent from the United States Government in 1852. Appellants answer, admitting possession and setting up title and the right to possession as follows: That said J. F. Hudspeth was the father of the defendant Sallie Davenport, and…
1Opinion of the CourtWood, J.
(after stating the facts.) The questions in the case, as stated by the learned, counsel for appellants, are:
“First: Did J. F. Hudspeth give the appellant, Sallie Davenport, the land .in controversy ? Second, did he place her in possession of said land under a valid gift? Third, if she went into possession of said land under a valid gift, did she hold the same continuously and under claim of ownership under said gift for a period of seven years?”
It would doubtless be interesting to the parties litigant for the court to discuss in detail the evidence bearing upon these questions. But the record…
2Cases cited5 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Meigs v. MorrisSupreme Court of Arkansas · 1896
- Tillar v. WilsonSupreme Court of Arkansas · 1906
- Foster v. BeidlerSupreme Court of Arkansas · 1906
3Cited by7 opinions
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- Tipton v. PhillipsSupreme Court of Arkansas · 1928
- Johnson v. SteuartSupreme Court of Arkansas · 1911
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