Jones v. Harris

3 Citing cases

  1. Scott v. Rutherford

    419 S.W.2d 595 (Ark. 1967)   Cited 1 times

    Under Ark. Stat. Ann. 34-1401 et seq (Repl. 1962), the exhibits attached to the complaint, as required by 34-1408 to show plaintiff's title in an ejectment action, are part of the pleadings, Jones v. Harris, 221 Ark. 716, 255 S.W.2d 691 (1953). Although it is true that appellant alleged as a conclusion that the bank was an escrow agent from whom the deed was surreptitiously recovered, we agree with the trial court that the facts pleaded do not show legal title in appellant on which he can recover in ejectment.

  2. Potts v. Potts

    2016 Ark. App. 127 (Ark. Ct. App. 2016)   Cited 1 times

    Instead, Morrison attached copies of her deed and tax records to her complaint. Exhibits to a pleading, however, are not evidence and must be introduced at trial in order to be considered. S. Farmers Ass'n v. Wyatt, 234 Ark. 649, 353 S.W.2d 531 (1962); see also Jones v. Harris, 221 Ark. 716, 255 S.W.2d 691 (1953); Foster v. Elledge, 106 Ark. 342, 153 S.W. 819 (1913)." (Emphasis added.)

  3. Morrison v. Carruth

    2015 Ark. App. 224 (Ark. Ct. App. 2015)   Cited 12 times

    Instead, Morrison attached copies of her deed and tax records to her complaint. Exhibits to a pleading, however, are not evidence and must be introduced at trial in order to be considered. S. Farmers Ass'n v. Wyatt, 234 Ark. 649, 353 S.W.2d 531 (1962) ; see also Jones v. Harris, 221 Ark. 716, 255 S.W.2d 691 (1953) ; Foster v. Elledge, 106 Ark. 342, 153 S.W. 819 (1913). Second, it was unnecessary for the circuit court to rule on the additional statutory elements at all, because the statute applies only to adverse-possession claims that would have vested after the statute was enacted in 1995.