Hart v. Sternberg

171 S.W.2d 475, 205 Ark. 929, 1943 Ark. LEXIS 251
CourtSupreme Court of Arkansas
DecidedMay 24, 1943
Docket4-7081
StatusPublished
Cited by31 cases

This text of 171 S.W.2d 475 (Hart v. Sternberg) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. Sternberg, 171 S.W.2d 475, 205 Ark. 929, 1943 Ark. LEXIS 251 (Ark. 1943).

Opinion

Robins, J.

This suit was instituted in the lower court on March 31, 1942, by appellants, John Hart and Goldie Hart, his wife, for the purpose -of quieting their title to the north half of the northwest quarter of section 22, township 14 north, range 2 east, in Craighead county, Arkansas, and to cancel and remove, as a cloud upon appellants’ title to this land, a quitclaim deed executed to appellee, H. J. Sternberg, by the Cache River Drainage District on January 5, 1939. Appellee in his answer denied that appellants owned the land, set up title in himself under a quitclaim deed executed to him by the Cache River Drainage District on January 5, 1939, and by way of cross-complaint appellee asked that Hugo Sachs, Jim Fitzgerald and Walter McIJaney be made parties so that their respective interests as owners of four purchase-money notes executed by John Hart and Goldie Hart to W. J. Moody in part payment of the purchase money of the tract in dispute might be determined.

The evidence and the agreed statement of facts established that a man named Keyes, sometime prior to .1.932, had made application to the state to donate the land, but did not complete the donation; that Keyes sold his claim to the land to J. H. Kitchens in 1931; that Kitchens moved on the land in the summer of 193.1 and stayed until 1932;- that W. J. Moody bought the land from Kitchens in January, 1932, took possession thereof on February 5, 1932, and remained on the land until he sold it to appellants; that all of the tract was cleared except ten or twelve acres, and nearly all of it was fenced; that Moody obtained from the state of Arkansas a redemption deed dated November 15, 1938, the land having been forfeited to the state for nonpayment of taxes; that Moody sold the land to appellants, John Hart-and Goldie Hart, for $600, $100 of which was paid in cash and $500 paid by execution of promissory notes for $100 each, and executed to appellants a warranty deed therefor on November 14, 1938; that Hart immediately took possession of the land by placing a tenant on it and remained in possession of the land until.the filing of the suit; that he cleared up some of the land, cultivated a crop on it each year, and collected approximately $100 yearly rent from it; that the land, being delinquent for drainage taxes for the year 1927, was sold to the Cache River Drainage District through foreclosure proceedings on January 2, 1928, and the district' executed its quitclaim deed conveying the land to appellee on January 5, 1939; that the drainage district received a redemption deed from the state of Arkansas dated April 9, 1934, conveying the land in question.

By the decree of the chancery court appellants ’ complaint was dismissed for want of equity, appellee’s title to the land was quieted against appellants, the deed executed by Moody to appellants, John Hart and Goldie Hart, was canceled, the holders of the purchase money notes executed by appellants to Moody were denied a lien on the land, but personal judgments were rendered in their favor against appellants for the amount of these notes. John Hart and Goldie Hart and the holders of these notes have appealed from this decree.

The chancellor based his decree on these findings, which are set forth in the decree: “That W. J. Moody could not claim adverse possession of said tract of land as against the state of Arkansas and coulcl not claim adverse possession as against Cache River Drainage District; that said W. J. Moody and John Hart and Goldie Hart recognized the title of said drainage district to said lands until said district sold and conveyed said lands to defendant, H. J. Sternberg, on January 5, 19391, and John Hart recognized the title of defendant, H. J. Sternberg, to the extent that he is unable to claim seven year’s adverse possession of same.”

The undisputed testimony shows that appellants, John Hart and Goldie Hart, purchased this land from W. J. Moody on November 14,1938, for a consideration of $600, and Moody and his wife on the same day executed to appellants, John Hart and Goldie Hart, a warranty deed therefor, and that these appellants immediately took possession of the land and remained in possession thereof up until the filing of this suit on March 31, 1942. It further shows that Moody, appellants’ grantor, was in possession of the land when appellants bought it and had been in possession thereof since February 5, 1932. A considerable part of the land was in cultivation. There was a dwelling house situated thereon in which Moody lived and in which Hart’s tenant lived after he purchased it, and most of the land was under fence. Under this situation it must he held that Hart’s possession extended to the entire tract. “This court has often held that the actual possession of a part of a tract of land described in a deed gives the grantee possession, constructively, to the whole of the tract as therein described. See Connerly v. Dickinson, 81 Ark. 258, 99 S. W. 82, and cases there cited.” Wells v. Rock Island Improvement Co., 110 Ark. 534, 162 S. W. 572.

The possession of appellants, John Hart and Goldie Hart, with that of their predecessor in title, Moody, existed for more than seven years before the commencement of this suit. Their possession was exclusive, notorious, peaceable and adverse, and it effected an investiture of title in these appellants. This court, in the case of Smart v. Murphy, 200 Ark. 406, 139 S. W. 2d 33, quoted the following statement of the law from 1 American Jurisprudence, p. 793: “Adverse possession is one of the modes of acquiring title to property. It has been defined as the open and notorious possession and occupation of real property under an evident claim or color of right. It is said to be a possession in opposition to the true title and real, owner — a possession which is commenced in wrong and is maintained in right. Again, it has been defined as the ripening of adverse possession 'uto title by lapse of time. A title acquired by adverse possession is a title in fee simple, and is as perfect a title as one by deed from the original owner or by patent or grant from the government. ’ ’

In the case of Dail v. Elchison, et al., 173 Ark. 1180, 291 S. W. 998, it was said: “It is a well-established doctrine.of this court that title to lands may be acquired by adverse possession, which title may be asserted as effectively as title acquired by deed. As early as Jacks v. Chaffin, 34 Ark. 534, we held (quoting syllabus) : ‘Possession of land during the full period of limitations, under such, circumstances as would make a valid defense, amounts to an investiture of title, which may be actively asserted in all respects, as effectively as if acquired by deed.’ See, also, Logan v. Jelks, 34 Ark. 547; Wilson v. Spring, 38 Ark. 181; Crease v. Lawrence, 48 Ark. 312, 3 S. W. 196; Stricklin v. Moore, 98 Ark. 30, 135 S. W. 360; Hinton v. Martin, 151 Ark. 343, 236 S. W. 267. In the last case we said, at page 356, 236 S. W. 271: ‘We have many times held that our statute of limitations under which title is acquired by adverse possession is not defensive alone, but confers a title which may be enforced by suit ’. ’ ’

The state conveyed this land by redemption deed to the Cache River Drainage District in 1934, which was eight years before this suit was filed, and the redemp-. tion deed executed in 1938 by the state to Moody, appellants ’ grantor, vested in appellants any claim of the state of Arkansas acquired after 1934, so that there can not be said to be any conflict of interest in this land between the state of .Arkansas and appellants.

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Bluebook (online)
171 S.W.2d 475, 205 Ark. 929, 1943 Ark. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-sternberg-ark-1943.