Thornton v. St. Louis Refrigerator & Wooden Gutter Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court. Joel D. Conway, Judge. The second, fourth and fifth instructions given for appellee were erroneous. The evidence does not make out a case of adverse possession. 24 Ark. 894; 40 Ark. 371; 49 Ark. 274. Appellee’s first instruction was correct.
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Appeal from Clark Circuit Court. Joel D. Conway, Judge. The second, fourth and fifth instructions given for appellee were erroneous. The evidence does not make out a case of adverse possession. 24 Ark. 894; 40 Ark. 371; 49 Ark. 274. Appellee’s first instruction was correct. Adverse possession is always a question for the jury, under proper instructions. 1 Thompson, Trials, § 1410. The second instruction for appellee was correct, also. 26 Ark. 256; 40 Ark. 238; 34 la. 564; 56 la. 381; 65 Mich. 670; 32 N. W. 889-891; 156 Ill. 71; 40 N. E. 71; 66 la. 684; 24 N. W. 275; 23 N. Oar. 56; 152 Ill.…
1Opinion of the CourtBattle, J.
On the 27th day of August, 1898, Jobe Thornton brought this action against the St. Louis Refrigerator & Wooden Gutter Company and others to recover the value of certain timber converted by the defendants to their own use. He alleged that he was the owner of a certain tract of land described in his complaint; that it was heavily timbered with oak, pine and gum; and that the defendants trespassed upon the same, and unlawfully, without right or authority, cut and removed therefrom timber of the value of $450; and asked for judgment for the value of the timber so cut and removed.
The St. Louis…
2Cases cited6 opinions
- Halleck v. MixerCalifornia Supreme Court · 1860
- Wright v. GuierSupreme Court of Pennsylvania · 1840
- Sorber v. WillingSupreme Court of Pennsylvania · 1840
- Olson v. RasmussenMichigan Supreme Court · 1943
- McKinnon v. MestonMichigan Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Culver v. GillianSupreme Court of Arkansas · 1923
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- Waterman v. IrbySupreme Court of Arkansas · 1905
- Williams v. CampbellSupreme Court of Arkansas · 1973
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905