Calloway v. Cossart
Supreme Court of Arkansas
APPEAL from Clark Circuit Court in Chancery. Hon. H. B. Stewart, Circuit Judge. Admitting, for argument, that no deed was made to Thornton, the execution sale was public, and at the end of seven years, the title under the'-sale would be good by limitation. Gantt's Dig., 4.113 ; 38 Ark., 181. Possession once established will be presumed to continue. 34 Id., pp8. The deed to Thornton having been lost, parol evidence was admissible to prove the sale to him.
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APPEAL from Clark Circuit Court in Chancery. Hon. H. B. Stewart, Circuit Judge. Admitting, for argument, that no deed was made to Thornton, the execution sale was public, and at the end of seven years, the title under the'-sale would be good by limitation. Gantt's Dig., 4.113 ; 38 Ark., 181. Possession once established will be presumed to continue. 34 Id., pp8. The deed to Thornton having been lost, parol evidence was admissible to prove the sale to him. The loss or destruction of an unrecorded instrument does not destroy or revest the title, or affect the title passed by it. 2 Mill., 443; 3…
1Opinion of the CourtEakin, J.
This is a case in equity, involving title to a tract of land decsribed as the west half of the S. W. 1-4 and the S. E. 1-4 of the S. W. 1-4 of Sec. 33 in T. 8, S. of R. 22 west. The pleadings are somewhat confused by a cross complaint, and by answers and demurrers on both sides ; but the matter seems to have got pretty fairly, at last, before the Chancellor, 'on the merits, each party seeking to quiet his or her title against the other. The Chancellor granted this relief to Mrs. Cossart, who was the original complainant, and Calloway appealed.
Calloway claims through a Sheriff’s deed, made…
2Cases cited1 opinion
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
3Cited by17 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- State Land Board v. LeeOregon Supreme Court · 1917
- Benton Gravel Company v. WrightSupreme Court of Arkansas · 1943
- Boston Molasses Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1907
- Duke v. StateSupreme Court of Arkansas · 1892
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