The Osceola times., 1883-03-17
An act to be entitled an act for the
better quieting of titles.
Ra II apocfa1 hx the ,raparal oa

An act to be entitled an act for the
better quieting of titles.
Be it enacted by the general as
sembly of the state of Arkansas:
Section l. That if any person be-
lieving himself to be the owner, Ell
ther in law or equity, under color of
title has peaceably improved, or shall
peaceably improve any land, which
upon judicial investigation shall be
decided to belong to another, the
value of the improvement made as
aforesaid and the amount of all taxes
which may have been p lid on said
land by such person, and those under
whom he claims shall be paid by the
successful party, to such occupant,
or the person under whom, or from
whom he entered aud holds, before
the court rendering shall cause pos
session to be delivered to sach sue
cessful party.
SEC. 2. That the court or party
trying such cause shall assess the
value of such improvements in the
same action in which the title to said
lands is adjudicated; and on such
trial the damages sustained by the
owner of the lands from waste, and
such mesne profits as may be allow
ed by law, shall also be assessed, and
if the value of the improvements
made by the occupant and the taxes
paid as aforesaid shall exceed the
amount of said damages and mesne
profits combined, the court shall en-
ter an order as part of the final
judgment providing that no writ shall
issue for the possession of the lands
in favor of the successful party until
payment has been made to such oc-
cupant Of the balance due him for
such improvements and the taxes
paid; and such amount shall be a lien
on said lands, which may be enforced
by equitable proceedings at any time
within three (3) years next before the
commencement of the suit in which
they may be claimed.
Sec. 3. That in recoveries against
such occupants no account for any
mesne profits shall be allowed unless
the same shall have accrued within
three (3) years next before the COM
mencemcnt of the suit in which they
may be claimed.
SEC. 4. That in any such equita-
BILE proceedings the court may allow
to the owner of the lands as set-off
against the value of such improve
ments and taxes the value of all
rents accruing after the date of the
judgement in which it has been al
lowed.
SEC. 5. Wherever any such mesne
profits are not due on lands withheld
by such occupants as are described
in the first section OF this act, no re-
covery therefor shall be had unless
suit therefor is brought within one
year from and after its passage.
SEC. 8. That all deeds and other
conveyances recorded prior to the
first 1st) day Of January, eighteen
hundred and eighty-three QS83),
purporting to have been acknowl-
edged before an officer, and which
have not heretofore been invalidated
by any judicial proceeding, shall be
held valid to pass the estate which
such conveyance purports to transfer,
although such acknowledgement may
have been on any account defective
excepting only cases where such
conveyance shall have been executed
by minors or insane persons); provid-
ed, that the record of all such instru-
ments shall be as valid as if they had
been been acknowledged and record
ed according to law.
A Jprovad March 9 1902