Board of Directors St. Francis Levee District v. McVey
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court, W. J. Driver, Judge; 1. The agreed statement of facts shows that (1) the board under its right of way deeds' constructed a levee across the lands and (2) that the land appropriated was necessary for strengthening the levee and ihat the land used lies contiguous to the line of levee originally built.
Read the full summary
Appeal from Crittenden Circuit Court, W. J. Driver, Judge; 1. The agreed statement of facts shows that (1) the board under its right of way deeds' constructed a levee across the lands and (2) that the land appropriated was necessary for strengthening the levee and ihat the land used lies contiguous to the line of levee originally built. Under the deeds the board secured title to sufficient ground to construct a levee of sufficient height and width to protect the lands from overflow. 95 S. W. 993 is not conclusive of this case. The levee was not completed and the ground was necessary. Only…
1Opinion of the CourtWood, J.
(after stating the facts.) In the case of Board of Directors of St. Francis Levee Dist. v. Powell, 89 Ark. 570, Powell sued the district to recover damages done to his land by the taking of dirt therefrom to use in the enlargement of the levee which had been previously built through his lands. The deed by Powell’s grantor, the former owner, who had previously conveyed the right of way across the land, was precisely the same as the deed now under review. Powell alleged in his complaint “that the defendant without authority entered upon land outside of the strip of land necessary for the…
2Cases cited1 opinion
- Board of Directors of St. Francis Levee District v. PowellSupreme Court of Arkansas · 1909