Ayers v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Appeal from a conviction of obstructing a highway, a part of the Fort Smith and Waldron road. The road alleged to have been obstructed crossed the southwest corner of a forty-acre tract belonging to defendant, running in a northwesterly direction. The first question in the case was whether the road across defendant’s land was a public highway.
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Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. Appeal from a conviction of obstructing a highway, a part of the Fort Smith and Waldron road. The road alleged to have been obstructed crossed the southwest corner of a forty-acre tract belonging to defendant, running in a northwesterly direction. The first question in the case was whether the road across defendant’s land was a public highway. Evidence on behalf of the State tended to show that the public had, by continuous use for more than seven years, acquired a prescriptive right to a road across defendant’s…
1Opinion of the Court
Man^Eield, J.
1. Several of the State’s witnesses swore that the fence erected in 1892, and constituting the obstruction charged in the indictment, inclosed ground which had been used continuously by the public, as part of the Fort Smith and Waldron road, for more than seven years next before the time when that fence was built. The court’s second instruction, as to the establishment of a highway by prescription, was applicable to this testimony, and it was not therefore objectionable on the ground that it was abstract. Patton v. State, 50 Ark. 53. A preponderance, however, of all the evidence…
2Cases cited5 opinions
- McCormick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Patton v. StateSupreme Court of Arkansas · 1887
- Connehan v. FordWisconsin Supreme Court · 1859
- Smith v. StateSupreme Court of Arkansas · 1888
- Eastland v. FogoWisconsin Supreme Court · 1883
3Cited by13 opinions
- Ark. State Highway Comm. v. O. & B. Inc.Supreme Court of Arkansas · 1957
- Hankins v. City of Pine BluffSupreme Court of Arkansas · 1950
- City of Jonesboro v. KirkseySupreme Court of Arkansas · 1965
- Incorporated Town of Mountain View v. LackeySupreme Court of Arkansas · 1955
- Town of Gilbert v. FruehaufCourt of Appeals of Arkansas · 2013
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