PILLOW V. ROBERTS, 54 U. S. 472 (1851)

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U.S. Supreme Court

Pillow v. Roberts, 54 U.S. 13 How. 472 472 (1851)

Pillow v. Roberts

54 U.S. (13 How.) 472


Where a deed, executed in Wisconsin and attested by the seal of a court stamped upon the paper instead of wax or a wafer, was offered in evidence upon a trial in Arkansas, it was properly received.

Where a deed from the sheriff for land sold at a tax sale recited an assessment for taxes which remained unpaid, the advertisement of the land, and offering it for sale, its being struck down to the highest bidder, who paid the purchase money and received a certificate, this deed ought to have been received in evidence. The law of Arkansas says that the deed shall be evidence of the regularity and legality of the sale.

But even if this deed had been insufficient as a proof title, it ought to have been received, in connection with proof of possession, to establish a defense under the statute of limitations.

Possession under this deed would have been sufficient proof for adverse possession.

The circumstances of the case, and the points of law upon which it came up to this Court, are fully stated in its opinion.

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