St. Louis & San Francisco Railroad v. Ruttan
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The element of adverse or hostile holding is lacking in this case.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The element of adverse or hostile holding is lacking in this case. The possession, to be adverse, must be hostile and not subservient to the rights of the true owner. 42 Ark. 118; 54 Ark. 608; 65 Ark. 422; 76 Ark. 405; 43 Ark. 469; Id. 504. The deeds were no notice to appellant, and would not have been, even if they had not excepted the right of way, since the holding was consistent with appellant’s rights if not interfering with the operation of the road. 55 Ark. 104; 69 Ark. 562; 3 Am. & Eng. R. Cas., N. S., 342; 28 Id. 562. 2.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant railroad company against appellee to recover possession of a strip of land in the city of Van Burén, Arkansas, originally embraced in the right of way conveyed to the company in the year 1882 by the then owners of the land, Cyrus Lomax and Oliver Maxey. The grant to the railroad company conveyed a strip one hundred feet wide through lots 1, 2 and 3 of block 20 in the city of Van Burén, and the company proceeded to lay the main track of its railroad in the center of the right of way thus gra'nted. Lomax -end Mjaxey thereafter executed to one Miller…
2Cases cited6 opinions
- Illinois Central Railroad v. HoughtonIllinois Supreme Court · 1888
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Graham v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Paxton v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1898
- Little Rock v. WrightSupreme Court of Arkansas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Watson v. HardinSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. WallaceSupreme Court of Arkansas · 1950
- Mobile & O. R. Co. v. StrainMississippi Supreme Court · 1921
- St. Louis Southwestern Railway Co. v. ElmoreSupreme Court of Arkansas · 1932
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.