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71 Ark. 390

Crill v. Hudson

Supreme Court of Arkansas

Decided March 21, 1903

Supreme Court of Arkansas · decided 1903-03-21

George M. Chaplins, Judge. Crill and wife sued Hudson for trespass for cutting timber from the northeast fractional quarter of section 18,… Held: .... “1. That at the said tax sale made on the 13th day of June, 1892, for the non-payment of the taxes for the year 1891, only the 10.88 acres of land, as shown by the original survey of the Hnited States, were sold and purchased by the said Edgar J. Crill, and that he acquired, no right, claim or title to the 148.91 acres of the…

Relies on Towell v. Etter · Wilson v. Spring · Woolfolk v. Buckner

Good law ✅— No negative treatment on recordhow we know

Beversed · Decided 1903-03-21

How this case has been cited

Cited by 30 later decisions — most recently March 2007 · most notably Haggart v. Ranney (1904), Smith v. Whitney (1937)

3 federal appellate · 25 state decisions

11019031910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wood, J.

¶1The court below erred in its findings and declarations of law. It evidently was of the opinion that the tax sale did not embrace or carry the accretion. The area does not control the general description. The accretion became a part of the original tract, and passed to the tax-purchaser, whether expressly mentioned or not. Towell v. Etter, 69 Ark. 34, 63 S. W. 53.

¶2Possession of a part, under color of title, for the requisite period of time gives title by limitation. Pillow v. Roberts, 12 Ark. 829; Wilson v. Spring, 38 Ark. 182; Elliott v. Pearce, 20 Ark. 516; Ib. 542; McConnell v. Swepston, 66 Ark. 141; Finley v. Hogan, 60 Ark. 499. The cases of Woolfolk v. Buckner, 60 Ark. 163, and Id.,67 Ark. 411, do not apply to this cause. In those cases the owner was in actual possession of a part of the land. In"this case the owner had no actual possession of any part of the land, and, when appellants took possession of a part, that possession extended to the limit of their grant. Logan v. Jelks, 34. Ark. 547; Wilson v. Spring, 38 Ark. 182; Worthen v. Fletcher, ante, p. 386, 42 S. W. 900.

¶3The appellee was a mere trespasser, having no title or claim whatever when the suit was brought. Sharp v. Johnson, 22 Ark, 87.

¶4The judgment is reversed, and the cause remanded for further proceedings not inconsistent with this opinion,

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