Etcherson v. Hamil
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The first verdict was right, and should have been allowed to stand: It was error to ,set it aside. There was a variance between allegation and proof. The verdict was correct and it was an arbitrary abuse of discretion to set it aside. 2 Cyc. 559; 43 S. W. 426; 38 Id. 433. 2. The instructions are erroneous.
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The first verdict was right, and should have been allowed to stand: It was error to ,set it aside. There was a variance between allegation and proof. The verdict was correct and it was an arbitrary abuse of discretion to set it aside. 2 Cyc. 559; 43 S. W. 426; 38 Id. 433. 2. The instructions are erroneous. Hamil farmed the land more than twenty years before suit but intended to claim and claimed only to the true line and his title never ripened by adverse possession. The instructions asked by .appellants should have been given. 80…
1Opinion of the CourtSmith, J.
Appellee‘filed a .suit in which he alleged his ownership of the southeast quarter of Section 23, Township 19 North, Range 1 East, inuring from fifteen years’ continuous possession, and that appellants had trespassed thereon by cutting timber of the value of $34.43. It was alleged that appellants knew themselves to be trespassers, and treble damages were prayed. At the trial below appellee undertook to show that the timber had been cut on the land above described; whereas appellants undertook to show that the timber had been cut on the northeast quarter of the same section, which was owned by…
2Cases cited5 opinions
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Goodwin v. GaribaldiSupreme Court of Arkansas · 1907
- Butler v. HinesSupreme Court of Arkansas · 1912
- O'Neal v. RossSupreme Court of Arkansas · 1911
- Bush v. BarksdaleSupreme Court of Arkansas · 1916
3Cited by9 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Sloan v. AyresSupreme Court of Arkansas · 1945
- Meester v. SchultzNebraska Supreme Court · 1949
- Pitts v. PittsSupreme Court of Arkansas · 1948
- Day v. DayCourt of Appeals of Arkansas · 1987
4 more not listed; retrieve them via the Exa API.