Legal Opinion

Ferguson v. Hudson

Supreme Court of Arkansas

Decided March 29, 1920PublishedCited by 7 opinions

Appeal from Jefferson Circuit Courtj'T. M. Hooker, Special Judge; 1. Special Act No. 85, Acts 1919, is unconstitutional and the Hudson deed granted under it conveys no interest in the lands to Hudson. If the land was an island, Hudson could have bought it under the general act No. 282, Acts 1917, and it suspends the operation of a general act for the benefit of a special, person or individual if it is an island.

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Appeal from Jefferson Circuit Courtj'T. M. Hooker, Special Judge; 1. Special Act No. 85, Acts 1919, is unconstitutional and the Hudson deed granted under it conveys no interest in the lands to Hudson. If the land was an island, Hudson could have bought it under the general act No. 282, Acts 1917, and it suspends the operation of a general act for the benefit of a special, person or individual if it is an island. If it is an accretion, the act No. 85 is unconstitutional, as the State had no interest in the land and could not authorize the Land Commissioner to sell land the State did not own.…

1Opinion of the CourtHumphreys, J.

Appellees instituted suit against appellant in the Jefferson Circuit Court, to recover about 100 acres of land, located in the Arkansas River, particularly described in the complaint by metes and bounds, which particular description is omitted from the opinion on account of its length. Appellee W. C. Hudson alleged ownership by virtue of a State deed from Wm. B. Owen, State Land Commissioner, of date February 18, 1919, executed pursuant to special act No. 85 of the Acts of the General Assembly of 1919; also by deed from the Packingtown Realty Company, riparian owners of the land on the south…

2Cited by7 opinions

  1. Carter v. StateSupreme Court of Arkansas · 1973
  2. Dowell v. School District No. 1Supreme Court of Arkansas · 1952
  3. Lienhart v. BrutonSupreme Court of Arkansas · 1944
  4. Jones v. EuperSupreme Court of Arkansas · 1930
  5. Wilson v. GuthrieSupreme Court of Arkansas · 1922

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