Newman v. Peay
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fullc, Judge; When appellee set up title ¡by adverse possession as a ¡defense, the burden -of proof shifted to him to establish that plea. 65 Ark. 426. The court ¡erred in refusing to instruct the jury that the burden of proof was on the defendant to prove adverse possession, and ¡also in charging the jury that -the “burden of proof is upon the plaintiff and he must establish his case by ¡a fair preponderance -of the…
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Appeal from Pulaski Circuit Court, Second Division; Guy Fullc, Judge; When appellee set up title ¡by adverse possession as a ¡defense, the burden -of proof shifted to him to establish that plea. 65 Ark. 426. The court ¡erred in refusing to instruct the jury that the burden of proof was on the defendant to prove adverse possession, and ¡also in charging the jury that -the “burden of proof is upon the plaintiff and he must establish his case by ¡a fair preponderance -of the evidence.”
1Opinion of the CourtMcCulloch, C. J.
This is -an action to recover possession ¡of three and a half feet of ground along the boundary line of certain ¡lots in the ¡city of Little Rock. The plaintiff and defendant are, respectively, -owners of contiguous lots, -and the controversy arises over the question whether the strip in controversy along the boundary is on plaintiff’s side of the line or defendant’s. The parties deraign title to the lots from a common source, and the testimony tends to show that the defendant had been in .possession of the disputed strip for about twelve years. Plaintiff bought the adjoining lots a few years…
2Cases cited2 opinions
- Russell v. WebbSupreme Court of Arkansas · 1910
- Nicklace v. DickersonSupreme Court of Arkansas · 1898
3Cited by9 opinions
- Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
- Dial v. ArmstrongSupreme Court of Arkansas · 1938
- Dodson Creek, Inc. v. Fred Walton Realty Co.Court of Appeals of Arkansas · 1981
- Jones v. TempleSupreme Court of Arkansas · 1916
- Williams v. First SEC. Bank of SearcySupreme Court of Arkansas · 1987
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