Legal Opinion · Concurrence

Dix v. Olds

Supreme Court of Arkansas

Decided June 5, 1967No. 5-4209Published

1ConcurrenceJohN A. Foglemak, Justice

I concur in the result in this case because the lien claimant failed to make any proof as to the location of the roadways, streets, etc., built by him. The burden of showing on which property he was entitled to a lien was on him. If there had been any evidence on which to base the same, I would hold that appellant was entitled to a lien upon the rights of the owner in the streets and roadways, subject, of course, to the public easement, and on the lots abutting the same, still owned by appellees at the time of the making of the improvement, on the authority of Leiper v. Minnig, 74 Ark. 510,…

2Cases cited11 opinions

  1. Taylor v. ArmstrongSupreme Court of Arkansas · 1863
  2. United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
  3. White v. ChaffinSupreme Court of Arkansas · 1877
  4. Buckley v. TaylorSupreme Court of Arkansas · 1888
  5. Lincoln v. McGehee Hotel Co., Inc.Supreme Court of Arkansas · 1930

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