Hellard v. Hubbard

Opinion of the Court by

Judge Nunn

Reversing.

Hubbard is the claimant and occupant of about fifty-five acres of land. It is conceded that unless his adverse *305possession has ripened into a legal title, then the right of the Hellards should prevail.

The case was submitted to the court without the intervention of a jury, and his judgment was in favor of the Hubbards, who claimed it by adverse possession.

The possession under which the Hubbards claimed begins with Elihu Roberts in 1894. Roberts had lived on the land several years before this, but had abandoned it, and gone to Arkansas, where he lived…