118 Ark. 516 | Ark. | 1915
This controversy concerns the title of a tract of land in Clay County, Arkansas, containing eighty acres and described as the east half of the northeast quarter, section 18, township 21 north, range 6 east. Appellant has a Clear paper title. The land was patented by the United States to the State of Arkansas July 5, 1856, and the State in turn patented to P. K. Laster and T. J. Melon. Melon quitclaimed to Lester and the heirs of the latter, who died intestate in the year 1877, sold and conveyed the land to appellant in February, 1911. Appellees claim title under their ancestor, Louis DeMoss, and attempt to prove (that ithe latter acquired title by adverse possession. They instituted this action at law to recover the possession of the land from appellant, and on the latter’s motion the cause was transferred to equity Where he filed a cross-complaint asking that his title be quieted. Appellees undertook to show that a- conveyance was executed by one Schultz to DeMoss dated March 10, 1852, and actual occupancy of the land by DeMoss for a period of more than seven years. The proof shows that DeMoss entered upon the land in the year 1862 and built a house thereon iand cleared and put in cultivation a considerable portion of tbe land, the quantity varying, 'according to itbe (testimony of witnesses, from twenty-five to sixty acres. He lived on the land until bis death, which occurred in 1869, and was buried there in ¡a private burying ground. His widow married again, but continued to occupy tbe land and rent it out to tenants until she died in 1873, iand tbe land was. controlled by a guardian of one of tbe heirs, who was a minor, for several years thereafter. The land wias subsequently (abandoned — tbe exiaot time is not shown in tbe record — iand tbe house wias destroyed by fire, tbe fences rotted down 'and became obliterated, iand the cleared lands grew up again. 'The land remained in that condition until about 1905 or 1906 when ia man by the name of Sharp purchased ia small tract adjoining this land and in clearing it up got a few acres over the line. After Sharp left tbe place, ia man named Phillips, with his family, moved into the house in 1907 'and continued to enlarge and fence the clearing on tbe land in controversy. At the time appellant purchased the land from the Lester heirs,,Phillips’ widow was occupying it; that is to say, she was living in tbe house on the adjoining Sharp land iand was cultivating the newly cleared land on the place in Controversy. There is a controversy as to the amount of the cleared land at that time. The testimony adduced by ■appellant tends Ito show that there were only nineteen acres, but tbe testimony adduced by the other side tends to show a much larger quantity. Neither Phillips nor his wife asserted .any title to the land and never attorned to 'anyone as landlord nntil after the purchase by appellant, when Mrs. Boyd (formerly Mrs. Phillips) attorned to appellant and executed to him a rental contract for the year 1911. Phillips and his wife were mere “squatters” on the land, 'and, as before stated, asserted no claim of ownership. About two weeks before appellant 'purchased the land from the Lester heirs, he went to see the occupant, Mrs. Boyd, .and she told him that she was not asserting any claim to it, but said that she had as much right to it as anyone else. Thereupon he went over to another county where the Lester heirs lived and made the purchase for the sum of a thousand dollars. One hundred dollars was paid in cash and the remainder was paid on a subsequent date. The Lester heirs executed to appellant .a special warranty deed, which was subsequently lost or destroyed, and a quitclaim deed was then executed.
Appellant testified that .alt the time he made 'the purchase he had no information whatever (that appellee or anyone else made 'any claim to the land or that 'there had ever been any occupancy of the land by DeMoss. He is corroborated in this by other witnesses. One of the Lester heirs testified that he had never heard of the DeMoss heirs asserting any claim to the land until after it was sold to appellant, or that the land had ever been occupied by DeMoss.
The testimony shows clearly that as far back as the year 1898 ail the improvements- on the land had been destroyed 'and that it had grown up with timber. In other words, it had returned to its wild state of nature, leaving very little evidences of ¡any improvements ever ¡having been made. The testimony adduced by appellees does not tend to show that any claim was asserted by the DeMoss heirs until after the purchase by appellant, nor does it show that appellant had any information that there Was a claim made by the DeMoss heirs except that Mrs. Boyd testified that when appellant Came to see her about the land he showed her .a deed and said that it was a deed from the DeMoss heirs. This, however, was contradicted 'and we think the preponderance of the testimony is against the conclusion thiat appellant made any such statement ito Mrs. Boyd. The evidence -establishes clearly 'the fact, we think, thiat appellant wlas entirely innocent of any knowledge or information that there was an adverse -claim to the land at the time he made the purchase from the Lester heirs. The tax receipts exhibited in the record show that the Lester heirs paid the taxes on the land continuously from the year 1892 up to the time the sale was made to appellant. One of the heirs testified that Lester had always paid taxes on the land, hut there is no evidence of it in the way of tax re■ceipts exhibited prior to the year 1892. It seems that the record of Clay County was destroyed by fire that year. All the records, including the records of deeds, were destroyed. The only evidence of the alleged conveyance from Schultz to DeMoss is that deduced from the books of an abstracter of titles. There was no official record, in other words, showing this deed. The abstract books 'contain a notation indicating that there was an error in the description as to the particular township, indicating that the record showed the township to be 21 east. The abstracter testified that from his recollection in copying the (abstract, land from wihat he could infer from the notation, the range number was correct -but that there was a clerical error in the record of the township number.
We are of ¡the opinion, also, that even if BeMoss or Ms heirs acquired title by adverse possession, that title was reacquired by the original owners, 'the Lester heirs, by payment of taxes under color of title under the Act of March 18,1899.
Tbe decree of tbe cbauoellor is therefore reversed iamd tbe ¡cause is remanded with directions to enter a decree for appellant in accordance witb tbis opinion.
Act No. 66, p. 117, Acts 1899.