(Download) "Morgan v. Downs" by Supreme Court of Arkansas * Book PDF Kindle ePub Free
eBook details
- Title: Morgan v. Downs
- Author : Supreme Court of Arkansas
- Release Date : January 14, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This suit was brought by the appellants, Chester and Lorene Morgan, to quiet their title to a 440-acre tract of land in Sharp county. The defendant, Paul Downs, asserted title to the land by adverse possession. The chancellor entered a decree for the defendant upon a finding that the plaintiffs had failed to prove their title by a preponderance of the evidence. From the abstracts and briefs we are unable to say with confidence that the chancellor was right in holding that the Morgans failed to prove their record title. It it our rule, however, that on trial de novo a chancery decree will be affirmed if it appears to be correct upon the record as a whole, even though the chancellor may have given the wrong reason for his conclusion. Culberhouse v. Hawthorne, 107 Ark. 462, 156 S.W. 421 (1913). Under that rule the decree must be affirmed, because the appellee's proof established his title by adverse possession. Although it is true, as the appellants insist, that Downs did not prove color of title to the entire 440 acres, that fact is immaterial if be established [245 Ark Page 330] his actual adverse possession of the property for a period of seven years or more. Ferguson v. Peden, 33 Ark. 150 (1878). Where there is actual physical possession of the property for the statutory period, color of title his not required for the investiture of title.
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