Files v. Tebbs
| Decision Date | 27 November 1911 |
| Parties | FILES v. TEBBS |
| Court | Arkansas Supreme Court |
Appeal from Ashley Chancery Court; Zachariah T. Wood, Chancellor affirmed.
Decree affirmed.
A. W Files, pro se.
George W. Norman, for appellees.
A. W Files brought two suits in ejectment against W. H. Tebbs, one for 76.01 acre tract of land, in section 19, township 17 south, range 4 west; the other for 60.81 acre tract of land in section 18, same township and range, in Ashley County, Arkansas.
The defendant answered, denying plaintiff's ownership of the 60-acre tract, and pleaded the seven years' statute of limitations and laches in bar of his right to recover. He answered further, alleging a former suit by the said Files against him for the recovery of certain lands; that answering that complaint he made a full disclosure, and filed supplemental pleadings and a bill of peace against the said A. W. Files, and made all of the pleadings in that case exhibits to his answer in this, and moved a consolidation of these causes of action and a transfer to equity. The defendant answered and denied plaintiff's ownership to the 76-acre tract; claimed ownership thereof, deraigning his title thereto; alleged that after protracted litigation said land had been decreed by the chancery court of Ashley County to be the property of the said E. D. Watson, deceased; that said plaintiff filed a complaint in equity against the heirs of said Watson in 1903, to which they filed an answer setting up and claiming title to said lands, and the decrees, orders and judgments of the court in their behalf by which they acquired right thereto, and asked that said answer made by the said Watson heirs and others to Files' said complaint be made his answer in this suit and filed same as an exhibit. Further alleged that the Watson heirs executed to him a deed under which he took possession thereof.
The defendant filed in addition a bill of peace, setting out in detail the history of all the varied litigation between these parties and their privies, and the adjudications of the court thereof relating to and affecting the rights of the parties therein and herein to the lands in controversy; alleged that the parties through whom plaintiff claimed title had in said litigation been adjudged to have no title; that certain of his grantors for forty or fifty years had made no claims to said lands, and paid no taxes thereon; that defendant and those under whom he claimed had been in possession of the land for more than 20 years, cleared, fenced and improved same; that he was now in actual possession thereof, and had been for more than seven years; pleaded again the statute of limitations and laches, and asked for the cancellation of certain deeds to plaintiff and a transfer of this cause to equity, etc.
Plaintiff filed a long reply to...
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