Smith v. Leach
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. No act or record of a county surveyor is conclusive, and appellant should have been allowed to show the incorrectness of the German survey, and the correctness of the Maxwell survey.
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APPEAL from Benton Circuit Court. Hon. J. M. Pittman, Circuit Judge. No act or record of a county surveyor is conclusive, and appellant should have been allowed to show the incorrectness of the German survey, and the correctness of the Maxwell survey. Gantts Digest, see. 988. Section 991, lb., makes the surveys of the county surveyor the only legal evidence, in the same sense that other records are, i. e., the best evidence to establish lines, boundaries, etc., but was not intended to make them conclusive. But if so, as both surveys were made by county surveyors, there is no way to disprove…
1Opinion of the CourtEakin, J.
Leach complained, at law, of Smith for forcibly entering his close, and carrying away a log house worth $25, and a thousand rails worth $75, stating his damage to have been $100. Smith, in his answer, denied that plaintiff was in possession; that he had himself broken and entered the close of plaintiff, or that he had carried away the plaintiff’s property as alleged, and generally the material allegations of the complaint. He says the house and rails were his own, being situated upon, and part of his own freehold, of which he had been a long time in possession. Upon trial by jury the…
2Cited by6 opinions
- Russell v. StateSupreme Court of Arkansas · 1910
- Sherrin v. CoffmanSupreme Court of Arkansas · 1920
- Buffalo Zinc & Copper Co. v. McCartySupreme Court of Arkansas · 1916
- Reeves v. JacksonSupreme Court of Arkansas · 1944
- Jeffries v. HargisSupreme Court of Arkansas · 1887
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