reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-503 - Publication of notice - Cancellation of liens

(a)
(1)
Upon the filing of the petition, the clerk of the court shall publish a notice of the filing of the petition on the same day of each week, for four (4) weeks in some newspaper published in the county, if there is one, and if not, then in some newspaper having a circulation in the county.
(2)
The petition shall describe the land and call upon all persons who claim any interest in the land or lien thereon to appear in the court and show cause why the title of the petitioner should not be confirmed.
(b)
The circuit court within the proper county is authorized and empowered under the notice to find apparent existing liens on the real estate to be barred by the laws of limitation or laches and decree the cancellation of the liens and the records thereof.
Acts 1899, No. 79, § 3, p. 133; C. & M. Dig., § 8366; Acts 1921, No. 307, § 1; Pope's Dig., § 10962; Acts 1955, No. 264, § 1; A.S.A. 1947, § 34-1905.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-504 - Adjudication of rights

If any person is summoned to appear in the cause, his or her rights shall be adjudicated according to the principles of equity.
Acts 1899, No. 79, § 8, p. 133; C. & M. Dig., § 8371; Pope's Dig., § 10967; A.S.A. 1947, § 34-1908.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-505 - Proof

(a)
After proof of publication of the notice as stated in §
18-60-503
has been filed, the court shall require the petitioner to prove all the allegations of the petition.
(b)
Proof may be by depositions or by testimony ore tenus at the bar of the court.
Acts 1899, No. 79, § 4, p. 133; C. & M. Dig., § 8367; Pope's Dig., § 10963; Acts 1975, No. 459, § 1; A.S.A. 1947, § 34-1906.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-506 - Prima facie title

If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that:
(1)
The petitioner and those under whom he or she claims, have had color of title to the land for more than seven (7) years; and
(2)
During that time the petitioner or those under whom he or she claims, have continuously paid the taxes thereon.
Acts 1899, No. 79, § 5, p. 133; C. & M. Dig., § 8368; Pope's Dig., § 10964; A.S.A. 1947, § 34-1907.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-507 - Lost or destroyed title papers

If the petitioner alleges that his or her title papers or the record thereof has been lost or destroyed, the court shall have the power to require new title papers to be executed if the party required to execute them shall have been duly summoned in the cause.
Acts 1899, No. 79, § 11, p. 133; C. & M. Dig., § 8365; Pope's Dig., § 10961; A.S.A. 1947, § 34-1904.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-508 - Decree - Effect

(a)
If the court is satisfied as to the truth of the facts set out in the petition, it shall render a decree establishing and quieting the petitioner's title against all persons except as provided in subsection (b) of this section.
(b)
The decree in the cause shall not bar or affect the rights of any person who claims through, under, or by virtue of any contract with the petitioner, or who was an adverse occupant of the land at the time the petition was filed, or any person who within seven (7) years preceding had paid the taxes on the land, or a remainderman unless the person shall have been made a defendant in the petition and personally summoned to answer it.
Acts 1899, No. 79, §§ 4, 6, p. 133; C. & M. Dig., §§ 8367, 8369; Acts 1927, No. 64, § 1; Pope's Dig., §§ 10963, 10965; Acts 1975, No. 459, § 1; A.S.A. 1947, §§ 34-1906, 34-1909.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-509 - Recording of decree

A certified copy of any decree confirming title to real estate shall be entitled to record in the books kept for the record of deeds in the county in which the decree was granted.
Acts 1899, No. 79, § 12, p. 133; C. & M. Dig., § 8373; Pope's Dig., § 10969; A.S.A. 1947, § 34-1912.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-510 - Setting aside decree

(a)
Any person may appear within three (3) years and set aside the decree if he or she shall offer to file a meritorious defense.
(b)
Every person laboring under the disability of infancy or individuals with mental illness or intellectual disabilities, and those claiming under them, may set aside the decree at any time within three (3) years after the removal of their disability.
Acts 1899, No. 79, § 7, p. 133; C. & M. Dig., § 8370; Pope's Dig., § 10966; A.S.A. 1947, § 34-1910.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 18-60-511 - Costs

The costs of the proceedings shall be adjudged against the petitioner if there is no other party to the proceedings, and otherwise the costs shall be adjudged according to the principles of equity.
Acts 1899, No. 79, § 9, p. 133; C. & M. Dig., § 8372; Pope's Dig., § 10968; A.S.A. 1947, § 34-1911.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-601 - Proceedings to confirm public sales

The purchasers, or the heirs and legal representatives of purchasers, of lands at sheriff's sales or those made by the county clerks, or by the Commissioner of State Lands, or from levee or drainage improvement districts, who have acquired title by purchase at the sale held by the sheriff or by foreclosure proceedings for taxes due the districts, in pursuance of any of the laws thereof, or those made by the order, decree, or authority of any court of record, may protect themselves from eviction of the lands so purchased, or from any responsibility as possessors of them, by proceeding in the manner provided in this subchapter.
Rev. Stat., ch. 149, § 1; Acts 1881, No. 69, § 1, p. 134; C. & M. Dig., § 8379; Pope's Dig., § 10975; Acts 1951, No. 263, § 1; A.S.A. 1947, § 34-1918.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-602 - Petition for confirmation - Affidavit

(a)
The petition for confirmation shall be filed with the clerk of the circuit court of the county at least twenty (20) days prior to the first day of the term of court at which application is to be made.
(b)
The petitioner, if he or she is acquainted with the lands, shall file with his or her petition his or her affidavit, or the affidavit of some person who is acquainted with the lands, showing that there is no person in actual possession of the lands claiming title adverse to the petitioner, proof that taxes owed on the lands were either paid, settled, or released shall be filed with the petition and, in the case of levee or drainage improvement districts, proof of payment, settlement, or release of all delinquent taxes.
Rev. Stat., ch. 149, § 3; Acts 1893, No. 95, § 2, p. 165; C. & M. Dig., §§ 8384, 8385; Pope's Dig., §§ 10980, 10981; Acts 1951, No. 263, § 2; A.S.A. 1947, § 34-1920; Acts 2007, No. 1037, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-603 - Publication of notice

(a)
(1)
When land is not made redeemable by any law of this state applicable to the sale, or, if redeemable, at any time after the expiration of the time allowed for the redemption, at all sales which have been or may be made, the purchaser, the heirs and legal representative of the purchaser, or the assignee of the purchaser or the heirs or legal representative of the assignee, may publish a notice.
(2)
This notice shall be published four (4) weeks in succession in some newspaper published in the county where the land lies, if there is a newspaper published in the county or, if not, in the nearest newspaper having a bona fide circulation in the county.
(3)
The notice shall call on all persons who can set up any right to the land so purchased in consequence of any informality or any irregularity connected with the sale to show cause, at the first term of the circuit court of the county after the publication of the notice, why the sale so made should not be confirmed.
(4)
The notice shall state the authority under which the sale took place and give the description of the land purchased and the nature of the title by which it is held.
(b)
The last insertion of the notice in the newspaper shall be at least twenty (20) days before the application for confirmation is submitted to the court for trial.
(c)
Proof of the publication of the notice shall be made in the same manner as proof of publication of notices in other circuit court causes.
(d)
The clerk of the court shall notify any delinquent tax owner or owners at their last known address by registered mail at least twenty (20) days before the application for confirmation is submitted to the court for trial.
Rev. Stat., ch. 149, § 2; Acts 1893, No. 95, § 1, p. 165; C. & M. Dig., §§ 8380-8382; Pope's Dig., §§ 10976- 10978; Acts 1951, No. 349, § 1; 1955, No. 264, § 2; A.S.A. 1947, § 34-1919; Acts 2005, No. 1962, § 77.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-604 - Petition taken as confessed

If the deed or deeds are in proper legal form and properly executed, if there is proof showing payment, settlement, or release of the taxes, and if the evidence shows that no one is in possession adverse to the petitioner, then in case no one has appeared to show cause against the prayer of the petitioner, the petition shall be taken as confessed and the court shall render final decrees confirming the sale in question.
Rev. Stat., ch. 149, § 4; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., § 8388; Pope's Dig., § 10984; Acts 1951, No. 263, § 3; A.S.A. 1947, § 34-1921; Acts 2007, No. 1037, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-605 - Trial of sale validity

In case any person or persons claiming title to the land opposed the confirmation of sale, then the court shall try the validity of the sale and the court shall:
(1)
Confirm the sale if the sale was valid; or
(2)
Annul the sale if the sale has been made contrary to law.
Rev. Stat., ch. 149, § 4; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., § 8389; Pope's Dig., § 10985; Acts 1951, No. 263, § 3; A.S.A. 1947, § 34-1921.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-606 - Evidence at trial

(a)
(1)
On the trial of the cause, the petitioner shall exhibit to the court proof that taxes owed on the lands were either paid, settled, or released and, in the case of lands acquired from levee and drainage improvement districts:
(A)
All delinquent taxes that have been paid, settled, or released;
(B)
The deed or deeds under which he or she claims title, or the record thereof, or a certified copy or copies from the record; and
(C)
Oral or written proof by one (1) or more witnesses acquainted with the lands showing that no one is in possession claiming adverse to the petitioner.
(2)
The name of the witness or witnesses so sworn shall be preserved in the decree.
(b)
A sheriff's or land commissioner's deed, given in the usual form, without witnesses, shall be taken and considered by the court as sufficient evidence of the authority under which the sale was made, the description of the land, and the price at which it was purchased.
Rev. Stat., ch. 149, §§ 4, 5; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., §§ 8386, 8387, 8390; Pope's Dig., §§ 10982, 10983, 10986; Acts 1951, No. 263, § 3; A.S.A. 1947, §§ 34-1921, 34-1922; Acts 2007, No. 1037, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-607 - Confirmation of sale

(a)
There should be no confirmation of the sale of any lands that are in actual possession of any person claiming title adverse to the petitioner, nor shall there be any confirmation of the sale of lands unless the petitioner or his or her grantor or those under whom he or she claims title submits proof that all taxes owed on the lands have been paid, settled, or released.
(b)
With respect to land in levee and drainage improvement districts, there shall be no confirmation of sale unless title has been acquired as referred to in §
18-60-601
, nor unless the petitioner or his or her grantor or grantors exhibit proof of payment, settlement, or release of all taxes that are due against the lands in the districts at the time of the rendition of the decree of confirmation by the court.
Rev. Stat., ch. 149, § 3; Acts 1893, No. 95, § 2, p. 165; C. & M. Dig., § 8383; Pope's Dig., § 10979; Acts 1951, No. 263, § 2; A.S.A. 1947, § 34-1920; Acts 2007, No. 1037, § 5.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-608 - Effect of decree confirming sale

(a)
(1)
The judgment or decree of the court confirming the sale shall operate as a complete bar against any and all persons who may thereafter claim the land in consequence of informality or illegality in the proceedings.
(2)
The title to the land shall be considered as confirmed and complete in the purchaser thereof, his or her heirs and assigns forever, saving, however, to infants, persons of unsound mind, or individuals imprisoned overseas, the right to appear and contest the title to the land within one (1) year after their disabilities may be removed.
(b)
The decree shall not be valid for any purpose as against the owner of the land, his heirs or assigns, who was, at the time of the decree rendered, in actual possession of it, unless he or she is made a party to the action by personal service of notice therein.
Rev. Stat., ch. 149, § 6; Acts 1893, No. 72, § 1, p. 117; C. & M. Dig., § 8391; Pope's Dig., § 10987; Acts 1939, No. 318, § 1; A.S.A. 1947, § 34-1923.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-609 - Effect of title not confirmed

In case any purchaser or purchasers contemplated in any of the provisions of this subchapter, or his, her, or their heirs or assigns, shall not deem it necessary to use the remedy conferred by this subchapter to confirm the title thereto, then the sale shall have the same effect only as is given to it by the existing laws of this state.
Rev. Stat., ch. 149, § 12; C. & M. Dig., § 8393; Pope's Dig., § 10989; A.S.A. 1947, § 34-1925.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 6 - QUIETING TITLE - PUBLIC SALES (§§ 18-60-601 — 18-60-610) › Section 18-60-610 - Costs

(a)
When no opposition is made to the confirmation of the sale, the costs attending the proceedings shall be paid by the party praying for confirmation.
(b)
Where opposition is made, the costs shall be borne by the party against whom judgment is rendered.
Rev. Stat., ch. 149, § 7; C. & M. Dig., § 8392; Pope's Dig., § 10988; A.S.A. 1947, § 34-1924.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-701 - Proceedings against railroads, their successors and assigns

Any person owning land that is wild and unimproved or land that is in the actual possession of himself or herself or those claiming under him or her which has, at any time, been deeded, granted, donated, or subscribed to any railroad under the provisions of an act of the General Assembly entitled, "An act in aid of internal improvement", approved April 8, 1869, or acts amendatory and supplemental thereto, or land that is claimed to have been, at any time, deeded, granted, donated, or subscribed to any railroad under the provisions of those acts, may have his or her title thereto confirmed and quieted as against the railroad, its successors and assigns, and as against any persons so deeding or claiming to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and any and all persons claiming by, through, or under them, or either of them, by proceeding in the manner provided in this subchapter.
Acts 1911, No. 267, § 1; C. & M. Dig., § 8374; Pope's Dig., § 10970; A.S.A. 1947, § 34-1913.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-702 - Liberally construed

This subchapter shall be liberally construed so as to effectuate its purpose.
Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-703 - Petition - Verification and certification

(a)
A person may file the petition in the circuit court of the county in which the land is situated, describing the land and setting forth his or her title thereto and alleging that there is no person in the adverse possession thereof and that the land has been deeded, granted, donated, or subscribed to a railroad under the provisions of the acts mentioned in §
18-60-701
, or is claimed to have been so deeded, granted, donated, or subscribed, and praying that title thereto may be confirmed and quieted as against the railroad, its successors and assigns, and as against any persons deeding, granting, donating, or subscribing the land, or claimed to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and all others claiming by, through, or under them, or either of them.
(b)
Any number of tracts may be embraced in the same petition when they all lie in the same county.
(c)
The petition shall be verified, and there shall be endorsed thereon a certificate of the attorney filing the petition to the effect that he or she has examined the title of the petitioner as set forth in the petition and that in his or her opinion the petition is well founded in law and true in fact. When so verified and certified, the petition shall be taken as prima facie true, and the petitioner shall be entitled to a decree thereon.
Acts 1911, No. 267, §§ 2, 4; C. & M. Dig., §§ 8375, 8377; Pope's Dig., §§ 10971, 10973; A.S.A. 1947, §§ 34-1914, 34-1916.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-704 - Publication of notice

Upon the filing of the petition, the clerk of the court shall publish for four (4) weeks in some weekly newspaper published in the county a notice of the filing of the petition, describing the lands and the alleged conveyance to the railroad as set forth in the petition, and calling upon all persons claiming any interest in the lands to appear at the next term of the circuit court of the county and show cause, if they can, why the title of the petitioner should not be confirmed and quieted in him or her as against the railroad, its successors and assigns, and the alleged grantor, his or her heirs and assigns, and all others claiming by, through, or under them, or either of them.
Acts 1911, No. 267, § 3; C. & M. Dig., § 8376; Pope's Dig., § 10972; A.S.A. 1947, § 34-1915.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-705 - Proof - Determination

If any person appears to contest the petition, the burden of proof shall rest upon the person so appearing, and the court shall determine the rights of the parties in accordance with the principles and practice in equity and decree accordingly.
Acts 1911, No. 267, § 4; C. & M. Dig., § 8377; Pope's Dig., § 10973; A.S.A. 1947, § 34-1916.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-706 - Recording of decree

A certified copy of the decree shall be entitled to record in the deed records of the county where rendered.
Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-707 - Effect of decree

The decree in any such cause shall be an absolute bar as against the title of any railroad, its successors and assigns, and the person deeding or claimed to have deeded, granted, donated, or subscribed the lands to the railroads, his or her heirs and assigns, and all others claiming the lands by, through, or under them, or either of them.
Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 7 - QUIETING TITLE - RAILROADS (§§ 18-60-701 — 18-60-708) › Section 18-60-708 - Costs

The petitioner shall pay the costs when there is no contest, and in case of contest, the cost shall be adjudged by the court.
Acts 1911, No. 267, § 4; C. & M. Dig., § 8377; Pope's Dig., § 10973; A.S.A. 1947, § 34-1916.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-801 - Definitions

As used in this section and §§
18-60-802
-
18-60-808
:
(1)
"Order of delivery" means a "writ of replevin"; and
(2)
"Party" or "person" means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued.
Acts 1973, No. 144, § 7; A.S.A. 1947, § 34-2125.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-802 - Existing laws not affected

This section and §§
18-60-801
and
18-60-803
-
18-60-808
shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.
Acts 1973, No. 144, § 9; A.S.A. 1947, § 34-2126.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-803 - Penalties - Damages and fee

(a)
Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§
18-60-801
-
18-60-802
and
18-60-804
-
18-60-808
, or who conceals it, with the intent to interfere with enforcement of the order, or who removes it from the jurisdiction of the court in which the action is pending with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or, if the property is in his or her possession, willfully interferes with the officer charged with executing the writ shall be guilty of a misdemeanor.
(b)
If convicted, he or she shall be subject to a fine of not more than one thousand dollars ($1,000) and imprisonment for a term of not more than six (6) months, or both.
(c)
In addition to these criminal penalties, he or she shall be liable to the plaintiff for double the amount of damage done to the property, together with a reasonable attorney's fee, to be fixed by the court, and the damages and fee shall be deemed based on tortious conduct and enforceable accordingly.
Acts 1973, No. 144, § 6; A.S.A. 1947, § 34-2124.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-804 - Petition for recovery of personal property

(a)
In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or his or her attorney, and shall set forth the reasons the issuance of the order of delivery is necessary.
(b)
The petition may be presented to the circuit judge, who is empowered to hear it in any county of the district he or she serves, and he or she may issue an order giving notice of hearing to be held in any county in his or her district.
(c)
The petition may be brought in the district court at the election of the party so filing, and the district court shall have authority to give notice and hear the petition in the same manner as the circuit court.
(d)
If the petition recites facts which, if established by proof, support the existence of a right of possession in the petitioner, an order shall be issued, directing the party against whom the order of delivery is sought to appear before the judge issuing the order and show cause why the order of delivery should not be issued and the property seized and delivered to the petitioner.
Acts 1973, No. 144, § 1; A.S.A. 1947, § 34-2119.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-805 - Notice of hearing

(a)
The order to appear and show cause why the order of delivery should not be issued shall permit a reasonable time for the party against whom it is directed to appear. It shall state the place and time the hearing shall be held.
(b)
(1)
(A)
If served at the same time the summons and complaint are served, it may state with generality the nature of the action, the purpose of the hearing, and the consequences of nonappearance.
(B)
If served after the summons and complaint, and separately therefrom, it shall refer to the complaint and, in addition to the foregoing, specifically describe the property to be seized if the petition is granted.
(2)
In either event, the order shall inform the party against whom it is directed that civil and criminal penalties may be assessed if the property is willfully damaged, concealed, or removed from the court's jurisdiction, or if the party refuses to release the property to the officer designated to serve the order of delivery.
Acts 1973, No. 144, § 2; A.S.A. 1947, § 34-2120.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-806 - Hearing

(a)
At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that the petitioner has the right of immediate possession of the property.
(b)
If the party against whom the order of delivery is sought should fail to appear in response to the notice, the petitioner shall be required to offer the same proof necessary to secure a default judgment.
(c)
If the court decides that the order of delivery should issue, an order shall be entered accordingly.
Acts 1973, No. 144, § 3; A.S.A. 1947, § 34-2121.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-807 - Immediate appearance - Impounding of property

If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that there is genuine danger that the property sought under the order will be removed from the court's jurisdiction, damaged, concealed, or otherwise jeopardized, the court shall have the power to direct the immediate appearance of the party having possession thereof or, if the party cannot be immediately served but the property can be located, to direct that the property be taken and impounded pending further hearing, in which event it shall be deemed in custodia legis, subject to possession by neither party without further order of the court.
Acts 1973, No. 144, § 4; A.S.A. 1947, § 34-2122.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-808 - Alternative procedure

(a)
In lieu of the procedure set forth in this section and §§
18-60-801
-
18-60-807
, at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the complaint and summons and shall notify the defendant that an order of delivery of the property described in the complaint is sought and that if any objection is made to issuance of the order of delivery it must be in the form of a written response, filed within five (5) days of service of the summons and complaint, excluding Sundays and legal holidays, with a copy served on the plaintiff's attorney.
(b)
(1)
In the event no written objection is filed and served within the five-day period, the clerk shall, upon the request of the plaintiff or his or her attorney, issue the writ forthwith.
(2)
In the event a defendant files a written objection within the five-day period specified, the clerk shall, at the request of either party, set the matter for hearing before the circuit judge as promptly as the business of the judge shall permit.
(c)
At the hearing the judge shall proceed in the manner specified in §
18-60-806
.
Acts 1973, No. 144, § 5; A.S.A. 1947, § 34-2123.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-809 - Replevin

The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§
18-60-810
-
18-60-822
.
Civil Code, § 202; C. & M. Dig., § 8639; Pope's Dig., § 11372; A.S.A. 1947, § 34-2101.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-810 - Affidavit for replevin

(a)
An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing:
(1)
A particular description of the property claimed;
(2)
Its actual value and the damages which the affiant believes the plaintiff ought to recover for the detention thereof;
(3)
That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the immediate possession of the property;
(4)
That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information, and belief of the affiant;
(5)
That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him or her, or seized under an execution or attachment against his or her property, or, if so seized, that it is by statute exempt from seizure;
(6)
That the plaintiff's cause of action has accrued within three (3) years; and
(7)
When the action is brought to recover property taken under an execution, the fact of the taking and the nature of the process under which it was done.
(b)
When the delivery of several articles of property is claimed, the affidavit must state the value of each.
Civil Code, §§ 203, 204; Acts 1871, No. 48, § 1 [203], p. 219; 1887, No. 29, § 1, p. 31; C. & M. Dig., §§ 8640, 8641; Pope's Dig., §§ 11373, 11374; A.S.A. 1947, §§ 34-2102, 34-2103.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-811 - Order for delivery of property

(a)
The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action and the court in which the action is brought and direct the sheriff to take the property, describing it and stating its value as in the affidavit of the plaintiff, and deliver it to him or her, to make return of the order on a day to be named therein and to summon the defendant to appear on this day in the court and answer the plaintiff in the premises.
(b)
(1)
If the plaintiff shall file an additional affidavit that he or she believes the property has been concealed, removed, or disposed of in any way with intent to defeat the plaintiff's action, the clerk or magistrate shall insert a clause commanding the sheriff, or other officer, that if the property mentioned in the order cannot be had, to take the body of the defendant, so that he or she appear at the return day of the order to answer the premises.
(2)
The order shall be made returnable as an order of arrest is directed to be returned.
Civil Code § 205; Acts 1875 (Adj. Sess.), No. 86, § 1, p. 165; C. & M. Dig., § 8642; Pope's Dig., § 11375; A.S.A. 1947, § 34-2104.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-812 - Bond

(a)
The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1) or more sufficient sureties of the plaintiff, a bond to the defendant, to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the judgment of the court therein by returning the property, if a return thereof shall be adjudged, and by paying any sums of money adjudged against him or her in the action, not exceeding double the value of the property and the costs of the action.
(b)
When the action is brought against a sheriff or other officer to recover possession of property taken by him or her under an execution against a person other than the plaintiff, the bond provided for in subsection (a) of this section shall be to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the judgment of the court therein by returning the property, if a return thereof shall be adjudged, and by paying to the defendant or to the plaintiff in the execution, as may be directed by the court, any sums of money adjudged against the plaintiff in the action, not exceeding double the value of the property and the costs of the action.
Civil Code, §§ 206, 207; C. & M. Dig., §§ 8643, 8646; Pope's Dig., § 11376, 11379; A.S.A. 1947, §§ 34-2105, 34-2106.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-813 - Execution of order

(a)
The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed in the sheriff's hands.
(b)
The sheriff shall also deliver a copy of the order to the defendant, or to the person from whose possession the property is taken, or, if neither can be found, leave it at the usual place of abode of either, with some person of the age of at least sixteen (16).
Civil Code, § 208; C. & M. Dig., § 8647; Pope's Dig., § 11380; A.S.A. 1947, § 34-2107.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-814 - Orders directed to other counties

(a)
At any time before judgment an order may be directed to any other county for the delivery of the property claimed.
(b)
Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unless otherwise ordered by the court.
Civil Code, § 214; C. & M. Dig., § 8652; Pope's Dig., § 11385; A.S.A. 1947, § 34-2114.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-815 - Disposition of property replevied

If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in §
18-60-816
shall be sooner executed.
Civil Code, § 209; C. & M. Dig., § 8648; Pope's Dig., § 11381; A.S.A. 1947, § 34-2108.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-816 - Redelivery bond

(a)
(1)
Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) or more sufficient sureties, in double the value of the property, to the effect that the defendant shall perform the judgment of the court in the actions.
(2)
Thereupon the sheriff shall restore the property to the defendant or to the person in whose possession it was found.
(b)
(1)
If the bond is not executed within the time provided in subsection (a) of this section, the sheriff shall deliver the property to the plaintiff.
(2)
The sheriff shall return the bonds with the order.
Civil Code, § 210; C. & M. Dig., § 8649; Pope's Dig., § 11382; A.S.A. 1947, § 34-2109.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-817 - Appraisement of property before taking bond

(a)
Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested housekeepers to appraise the property under oath, to be administered by him or her.
(b)
The housekeepers' appraisement, endorsed upon the order, shall be regarded as the value of the property in taking the bonds.
Civil Code, § 211; C. & M. Dig., § 8650; Pope's Dig., § 11383; A.S.A. 1947, § 34-2110.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 18-60-818 - Claim of third party to property

(a)
(1)
If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff shall, within two (2) days after the delivery to him or her or to his or her agent or attorney, by the sheriff, of a copy of the affidavit, indemnify the sheriff against the claim by a bond, executed by one (1) or more sufficient sureties, in double the value of the property.
(2)
No claim to the property by a person other than the defendant or his or her agent shall be valid against the sheriff unless so made.
(b)
The sheriff shall return the affidavit of the claimant, with his or her proceedings thereon, to the clerk's office.
Civil Code, § 213; C. & M. Dig., § 8651; Pope's Dig., § 11384; A.S.A. 1947, § 34-2111.