Cox v. Daugherty
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. James W. Butler, Judge. 1. Mrs. McDonald’s deposition should have been suppressed. No commission was issued. The statute must be complied with. Sand. & H. Dig. secs. 2997, 2999, 3001; 5 Am. & Eng Enc. Eaw, 582-3 and notes. Four material interrogatories were not answered. 38 Am. Dec. 639; 19 Wend. 437; 5 A. & E. Enc. Eaw, 596-7 and notes. 2. The evidence of Jamison as to the survey made by him was inadmissible.
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Appeal from Jackson Circuit Court. James W. Butler, Judge. 1. Mrs. McDonald’s deposition should have been suppressed. No commission was issued. The statute must be complied with. Sand. & H. Dig. secs. 2997, 2999, 3001; 5 Am. & Eng Enc. Eaw, 582-3 and notes. Four material interrogatories were not answered. 38 Am. Dec. 639; 19 Wend. 437; 5 A. & E. Enc. Eaw, 596-7 and notes. 2. The evidence of Jamison as to the survey made by him was inadmissible. No notice was given to the owners. Sand. & H. Dig. sec. 963; 50 Ark. 570. The survey did not follow the agreement for a resurvey. 3. A line once…
1Opinion of the CourtBunn, C. J.
This is a suit in ejectment by Carrie T. Daugherty, the alleged owner, against Junius R. Cox, tenant in possession of a strip of land extending north and south, 103 feet wide at north, and 100 feet wide at south end. Judgment for plaintiff, and defendant appeals to this court.
The facts are as follows towit: In October, 1881, Ed. McDonald was owner by inheritance from his father, of the northwest fractional quarter of section i, township n north, range 2 west, in Jackson County, Arkansas and; William Davis of the northwest quarter of the northeast quarter of said section 1 ;-¿nd Jerry Martin…
2Cited by12 opinions
- Payne v. McBrideSupreme Court of Arkansas · 1910
- Robinson v. GaylordSupreme Court of Arkansas · 1930
- Peebles v. McDonaldSupreme Court of Arkansas · 1945
- Kimble v. WilleyDistrict Court, E.D. Arkansas · 1951
- Johnson v. ElderSupreme Court of Arkansas · 1909
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