Strickland v. Strickland
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellees instituted an action of ejectment against the appellants to recover the possession of the following described land situated in Faulkner County, Arkansas, towit: southwest quarter of section 2, township 6 north, range 11 west. Mather Strickland, Sr., originally owned this land, and was the father of the appellant and the grandfather of the appellees.
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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Appellees instituted an action of ejectment against the appellants to recover the possession of the following described land situated in Faulkner County, Arkansas, towit: southwest quarter of section 2, township 6 north, range 11 west. Mather Strickland, Sr., originally owned this land, and was the father of the appellant and the grandfather of the appellees. He died on March 2, 1908. A deed was introduced in evidence purporting to convey this land from M. Strickland, Sr., to M. Strickland, Jr. It was dated…
1Opinion of the Court
Hart, J.,
(after stating the facts). We think that the court committed an error in admitting this testimony. The declarations were in the interest of the declarant, and not in any respects against his interests.
Appellant was in possession of the land at the time the declarations were made, and it was to the interest of M. Strickland, Sr., to establish that he had title to the land. The evidence at best was hearsay evidence, and should have been excluded under the general rule in relation to such evidence. Appellant had a deed to this land at the time the declarations were made purporting to be…
2Cases cited6 opinions
- Russell v. WebbSupreme Court of Arkansas · 1910
- Seawell v. YoungSupreme Court of Arkansas · 1905
- Butler v. HinesSupreme Court of Arkansas · 1912
- Cotton v. Citizens' BankSupreme Court of Arkansas · 1911
- Waldroop v. RuddellSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fancher v. KennerSupreme Court of Arkansas · 1913
- Smith v. ClarkSupreme Court of Arkansas · 1952
- Jefferson v. SouterSupreme Court of Arkansas · 1921
- Dunaway v. RagsdaleSupreme Court of Arkansas · 1928
- Thacker v. HicksSupreme Court of Arkansas · 1949
6 more not listed; retrieve them via the Exa API.