Carpenter v. Jones

• Decision Date: 24 June 1905
• Citation: 88 S.W. 871
• Parties: CARPENTER et al. v. JONES et al.
• Court: Arkansas Supreme Court

88 S.W. 871

CARPENTER et al. v. JONES et al.

Supreme Court of Arkansas.

June 24, 1905.

Appeal from Circuit Court, Arkansas County; Geo. M. Chapline, Judge.

This is an action in ejectment, brought by C. B. and J. W. Jones against Wm. N. Carpenter et al. for the possession of the east half of the southeast quarter and the northwest quarter of the southeast quarter of section 27, township 2 south, range 3 west, in Arkansas county, Ark. Judgment for plaintiffs. Defendants appeal. Affirmed.

H. A. & J. R. Parker, for appellants. Thomas & Lee, for appellees.

WOOD, J.

The abstract of the evidence and the instructions shows that the only questions presented and determined by the court below were whether or not Matilda Heigh, through whom both parties claim title, has deeded the land in controversy to John W. Jones, the ancestor of appellees, and, if so, could appellees, upon the deed being lost, prove its execution and contents by parol evidence. The lower court gave the following instructions: "No. 1. The plaintiff in this suit, in order to recover the land in controversy, must rely upon the strength of his own title, and not on the weakness of the title of the defendant; and before you can find for the plaintiff in this suit you must find the legal title to said land to have been vested in the plaintiff at the commencement of this suit. No. 2. The plaintiff in this suit claims that a conveyance of the lands in controversy from Matilda Heigh to John W. Jones was made; that a deed duly executed was delivered to John W. Jones, and that said deed was not recorded, and that the original was lost. The court instructs you that the best evidence of a title is the original deed of conveyance, and the next best evidence is a certified copy of the record. When the original deed was lost, and not put of record, the plaintiff may show by oral testimony that a deed was made and the title was conveyed to said Jones by Matilda Heigh, and in determining whether or no such a conveyance was made may take into consideration oral evidence that such a deed was made; and in connection with said oral evidence you may consider who claims to be the owner of said land, how long such claim has been set up, whether the said land was held adversely to said claim, if wild and uncultivated, who paid the taxes on said land, and whether or not said land has been recognized and known as the Jones land since the time it is claimed said land was conveyed from Matilda Heigh to said...