Town of Madison v. Bond
Supreme Court of Arkansas
Appeal from_St. Francis Cbancery Court; Edward D. Robertson, Chancellor; 1. The two streets aré highways belonging to the State for use of the public and title can not be acquired by adverse possession and limitation. 13 B. C. L. 163-5; lb., pp. 15-17, § § 2, 3, 5, 6; 103 Ark. 529; 66 Id. 44; 19 L. B. A. (N. S.) 1173. 2. The statute does not run against the State, nor cities and towns. 41 Ark. 45; Act 426, Acts 1907; 103 Ark. 529. 2. The town of Madison had no officers, no…
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Appeal from_St. Francis Cbancery Court; Edward D. Robertson, Chancellor; 1. The two streets aré highways belonging to the State for use of the public and title can not be acquired by adverse possession and limitation. 13 B. C. L. 163-5; lb., pp. 15-17, § § 2, 3, 5, 6; 103 Ark. 529; 66 Id. 44; 19 L. B. A. (N. S.) 1173. 2. The statute does not run against the State, nor cities and towns. 41 Ark. 45; Act 426, Acts 1907; 103 Ark. 529. 2. The town of Madison had no officers, no one to sue from 1905 to 1914. The town is not barred. No title can be acquired by adverse possession to the streets of a…
1Opinion of the CourtMcCULLOCH, C. J.
The town of Madison, in St. Francis County, Arkansas, was originally the county site of that county and was incorporated in the year 1859 by a special act of the Legislature. The corporate functions were duly exercised until after the county site was removed to Forrest City in the year 1872, but a few years thereafter there was a complete cessation of the exercise of the franchise and.no officers of the town were elected. In the year 1914 there was a reincorporation of the town of Madison under the general statutes of the State authorizing the incorporation of cities and towns.
In the center…
2Cases cited4 opinions
- Sanderson v. TexarkanaSupreme Court of Arkansas · 1912
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Sorrels v. TranthamSupreme Court of Arkansas · 1886
- Gathright v. StateSupreme Court of Arkansas · 1917
3Cited by6 opinions
- Hicks v. FlanaganCourt of Appeals of Arkansas · 1990
- Jensen v. Fordyce Bath HouseSupreme Court of Arkansas · 1945
- Fordyce v. HamptonSupreme Court of Arkansas · 1929
- Hoxie v. GibsonSupreme Court of Arkansas · 1921
- Raney v. GunnSupreme Court of Arkansas · 1953
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