Brenneman v. Fleming

The opinion of the court was delivered by

West, J.:

The plaintiff, claiming to have made settlement upon an island in the Arkansas river, made and filed affidavit, gave bond and notice, and the defendant filed her protest, alleging that she was the owner of the land in question.

*394The court submitted three questions to the jury, two of which they answered to the effect that the land was an island and that the plaintiff had settled thereon.

It is complained that the testimony did not show the existence of an island, but this complaint is not supported by the record.

It is also urged that the…