Simpson v. Robinson
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court in Chancery, Hon. J.W. Martin, Circuit Judge. The opinion states the case. The theory of Robinson’s title is, that the land was forfeited to the State, because of Simpson’s failure to pay for the alleged improvement; Litchfield v. Steel, 21 Ark., 437, But the title acquired by a second donee is orAy prima facie ■evidence, and may be impeached for error or fraud.
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APPEAL from Lonoke Circuit Court in Chancery, Hon. J.W. Martin, Circuit Judge. The opinion states the case. The theory of Robinson’s title is, that the land was forfeited to the State, because of Simpson’s failure to pay for the alleged improvement; Litchfield v. Steel, 21 Ark., 437, But the title acquired by a second donee is orAy prima facie ■evidence, and may be impeached for error or fraud. Surginer v. Paddock, 31 Ark., 528. As to what is an “improvement,” see the emphatic language of this Court in Mclvors v. Williams, 24 Ark., 33, and White v. Green, 24 Ark., 38. In each of these cases…
1Opinion of the Court
OPINION
Eakin, J.
This is a bill and cross-bill between claimants of the same land under conflicting deeds from the State, each seeking to have his own title quieted, and that of the other, cancelled.
The controversy- involves two distinct tracts; one, embracing the north half of the southwest quarter, and the northwest quarter of the southeast quarter of the section, consisting of three forties lying side by side, was forfeited to the State for the taxes of 1870. The other, consisting of a single forty, to-wit: the southwest quarter of the southwest quarter, lying contiguous to one of the forty…
2Cited by6 opinions
- American International Bank v. Fidelity & Deposit Co.California Court of Appeal · 1996
- Grace Kern v. Ralph C. Granquist, District Director of Internal Revenue of the United States for the District of OregonCourt of Appeals for the Ninth Circuit · 1961
- Commonwealth Building and Loan Ass'n v. MartinSupreme Court of Arkansas · 1932
- Pritchard v. . WilliamsSupreme Court of North Carolina · 1921
- Kelly v. WeirDistrict Court, E.D. Arkansas · 1965
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