Legal Opinion

Ledbetter v. Fitzgerald

Supreme Court of Arkansas

Decided January 15, 1839PublishedCited by 5 opinions

Appeal from Pulaski Circuit Court. This was an action of trespass g. c. f. The plaintiff below, (Led-better,) produced on the trial two witenesses to prove the identity of the premises mentioned in the declaration, and his possession thereof.

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Appeal from Pulaski Circuit Court. This was an action of trespass g. c. f. The plaintiff below, (Led-better,) produced on the trial two witenesses to prove the identity of the premises mentioned in the declaration, and his possession thereof. Walker testified, that Ledbetter there lived, and had for a year or two continuously lived on the premises mentioned; that the places described by other witnesses, where the timber was cut, were on the same quarter section; that he knew it to be the same quarter section, from the marks and numbers made by the surveyors at the corners, to designate the…

1Opinion of the CourtDickinson, Judge

This is an action of trespass quare clansum fregit. The declaration is in the usual form, and contains but one count. On the return of the writ the defendant appeared, and plead NOT GUILTY, on which there was an issue taken, and judgment rendered for the defendant, from which the plaintiff appealed to this court. During the trial of the cause the plaintiff, in support of his action, introduced John H. Walker and John E. Graham, two witnesses, to testify as to the possession of the premises described in the declaration, whose testimony was objected to by the defendant upon the ground that none…

2Cases cited1 opinion

  1. Van Rensselaer v. RadcliffNew York Supreme Court · 1833

3Cited by5 opinions

  1. Johnson v. ElderSupreme Court of Arkansas · 1909
  2. Taylor v. StateSupreme Court of Arkansas · 1898
  3. Jeffries v. HargisSupreme Court of Arkansas · 1887
  4. Brock v. SmithSupreme Court of Arkansas · 1854
  5. Branscum v. DrewerySupreme Court of Arkansas · 1960

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