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7 Arkansas opinions name it 2 courts 1930–2004 0 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Shelby v. Shelbygreen2 sentences2004See id. 2004See id. *721 Relying on an exception to the presumption, appellees contend that the presumption was gradually overcome, or rebutted, because Mrs. Smith's and their occupancy of the land continued unexplained for an unreasonable amount of time, specifically, since 1986. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stuttgart v. John
neutral
2 sentences1956“Where a vendor, after having executed a deed, remains in possession of the premises conveyed, he is presumed to hold in subordination to the title conveyed, unless there is affirmative evidence of a contrary intention; and, where Ms occupancy and nse are not manifestly inconsistent with, the right of Ms grantee, notice of the hostility of his claim must in some way be brought home to Ms grantee before the statute of limitations will begin to run.” Stuttgart v. John, 85 Ark. 520 , 109 S. W. 541 . 1956“Where a vendor, after having executed a deed, remains in possession of the premises conveyed, he is presumed to hold in subordination to the title conveyed, unless there is affirmative evidence of a contrary intention; and, where Ms occupancy and nse are not manifestly inconsistent with, the right of Ms grantee, notice of the hostility of his claim must in some way be brought home to Ms grantee before the statute of limitations will begin to run.” Stuttgart v. John, 85 Ark. 520 , 109 S. W. 541 . | 5 | 1930–1956 |
Franklin v. Hempstead County Hunting Club
neutral
2 sentences1969In Franklin v. Hempstead County Hunting Club, 216 Ark. 927 , 228 S.W. 2d 65 (1950), we said: “The rule is well established that 'retention of the possession of vendors after the execution and delivery of a deed is presumed to be in subordination of the title conveyed and the statute of limitations will not begin to run until notice of the hostility of their claim is actually given to the grantee.’ ” Affirmed. 1969In Franklin v. Hempstead County Hunting Club, 216 Ark. 927 , 228 S.W. 2d 65 (1950), we said: “The rule is well established that 'retention of the possession of vendors after the execution and delivery of a deed is presumed to be in subordination of the title conveyed and the statute of limitations will not begin to run until notice of the hostility of their claim is actually given to the grantee.’ ” Affirmed. | 2 | 1956–1969 |
Tegarden v. Hurst
neutral
2 sentences1930In Stuttgart v. John, 85 Ark. 520 , 109 S. W. 541 , one o-f the cases cited and relied on by appellant, this court said: “Where a vendor, after having executed a deed, remains in possession of the premises conveyed, he is presumed to hold in subordination to the title conveyed, unless there is affirmative evidence of a contrary intention; and, where his occupancy and use are not manifestly inconsistent with the right of his grantee, notice of the hostility of his claim must in some way be brought home to his grantee before the statute of limitations will begin to run.” An exception to that rul 1930In Stuttgart v. John, 85 Ark. 520 , 109 S. W. 541 , one o-f the cases cited and relied on by appellant, this court said: “Where a vendor, after having executed a deed, remains in possession of the premises conveyed, he is presumed to hold in subordination to the title conveyed, unless there is affirmative evidence of a contrary intention; and, where his occupancy and use are not manifestly inconsistent with the right of his grantee, notice of the hostility of his claim must in some way be brought home to his grantee before the statute of limitations will begin to run.” An exception to that rul | 1 | 1930–1930 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.