Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 20

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...upon the clearest principles of evidence. The patent certificate is manifestly predicated upon the plat and designation, which appears to have been forwarded to the Recorder of Land Titles, by Edward Cross, surveyor of public lands for Arkansas. There is nothing to show at what time, or by whom, or Tum, 1859. Ashley et al. vs. Rector et al. " for whom the supposed survey and designation were made, nor does it appear at what time it was put upon the record in the office of the Recorder. The patent certificate having issued on the 16th June, 1838, and the certificate of the Recorder appended to the transcript bearing the same date, and it not appearing at what time the supposed survey was received or recorded, the presumption is against the party for whose benefit it is offered, as the law presumes that if the fact actually existed he would have made it appear at a date sufficiently early to preclude all adverse claims. In the absence of any showing to the contrary, the law will intend that it was put upon the record at the latest possible period of time that the facts of the case will warrant, and that is the 16th June, 1838. Taking that to be the true time, and which, under the rules of pleading, we are bound to do, it follows that it was too late to vest the title in the defendant, Rector, as the General Government had previously parted with all her interest by the entry of Chester Ashley, under the five section grant. The next and only remaining question, which we deem it necessary to discuss, relates to the legal effect of a certain instrument of writing entered into by Justus Post, Robert Simpson and Chester Ashley, and bearing date of February 14th,1825. It was agreed by and between those parties, that each of them claimed more

Product details

  • Paperback
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236932676
  • 9781236932679