116 Ark. 487 | Ark. | 1915
This case involves a controversy over the title to a tract of 120 acres of land in Lincoln County, Arkansas. Appellees, Ella Josephine -and Edwin R. Dyer, are the widow and only child, respectively, of E. R. Dyer, deceased, who it is claimed, was the owner of the land. Their contention is that appellant, J. W. Dyer, entered into possession of said land as a tenant of said E. R. Dyer, and since 'the death .of the latter appellant has refused to surrender possession after termination of his tenancy. Appellant contends, on the contrary, that he entered into possession of the land in controversy under parol agreement with E. R. Dyer that the latter would convey the same to him in consideration of Ms occupancy of certain other lands for said E. R. Dyer. He asked the court, in his cross-complaint, to decree specific performance of said contract on the ground that he performed his part of it by occupying the land in controversy, as well as the other lands owned by E. R. Dyer, and that he made valuable improvements on the tract in controversy pursuant to s;aid contract. The ease was heard upon the pleadings and depositions of witnesses, and the chancellor found against appellant upon the facts alleged in Ms cross-complaint and rendered a decree accordingly.
The evidence shows that E. E. Dyer was the owner of 320 acres of land in Lincoln County, including the 120 acres in controversy, but that there was an .apparent defect in the title which (he, the said E. E. Dyer, considered it necessary to cure by actual occupancy of the land for the statutory period necessary to confer title by limitation. There was a small amount of cleared land on this particular tract and improvements of inconsequential value. Appellant was a brother of E. E. Dyer and he introduced proof to the effect that E. E. Dyer proposed to him that if he would occupy the whole 320 acres as his (E. E. Dyer’s) tenant, and hold possession during the period of statutory limitation, the s-aid E. E. Dyer would make hkn a deed conveying this 120 acres. He testified that pursuant to that agreement he took possession of ■all the lands and held possession up to the time of the death of E. E. Dyer, .and made valuable improvements. The testimony adduced by appellees tends to contradict that of appellant and to show that appellant occupied the lands - solely as the tenant of E. E. Dyer. The conflict in the testimony is so sharp that we think that it can not be said that the finding of the chancellor on the facts is against the- preponderance of the testimony.