Wilson v. Hunter
Supreme Court of Arkansas
Appeal from Saint Francis Circuit Court. Matthew T. Sanders, Judge. The house having been built over the line through mistake or ignorance of the true line, the holding was never adverse, and could never ripen into a title. 15 Ark. 306; 1 A. & E. Enc. Law, p. 248-9 and note, and p. 250, citing 7 Oh. St. 99 ; 25 zb. 115, 265 ; 63 Tex. 184; 33 Ark. 633, syllabus 1; Sedg. & Wait, Tr. Title to Land, secs. 749, 751; Angelí on Lim. 388 ; 42 Ark. 118.
1Opinion of the CourtBattle, J.
This is an action-of ejectment for the recovery of a small part of lot 11 in block 22, in the town of Eorrest City, the width of which is 20 inches. The defendant owns the adjoining lot. One of the grantors, nnder whom she holds it, built a house on it, and in building extended it over on lot 11 about 20 inches. There is no evidence that he, the builder of the house, or any ■one claiming under him, ever held any written evidence of title to lot 11 or any part of it. Plaintiff says he built the house on the 20 inches through mistake, and with no intention of claiming or holding it. The…
2Cases cited9 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
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- Abbott v. AbbottSupreme Judicial Court of Maine · 1863
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- Ayers v. ReidelWisconsin Supreme Court · 1893
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3Cited by21 opinions
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- O'Neal v. RossSupreme Court of Arkansas · 1911
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