Bush v. Alexander
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division ; G. W. Hendricks, Judge; 1. The testimony does not sustain the general or special findings of the court as to the questions of fact. 2. The finding of the court is not sustained by the law. The land remained original land, because the river made a cut-off, an avulsion, and appellants were entitled to all accretions made to said original land. 143 IT. S. 359; 36 L. Ed. 186-8; 35 Am.
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Appeal from Pulaski Circuit Court, Third Division ; G. W. Hendricks, Judge; 1. The testimony does not sustain the general or special findings of the court as to the questions of fact. 2. The finding of the court is not sustained by the law. The land remained original land, because the river made a cut-off, an avulsion, and appellants were entitled to all accretions made to said original land. 143 IT. S. 359; 36 L. Ed. 186-8; 35 Am. St. 311; 61 Ark. 429. If the original land never washed away, it and all accretions belong to the original owner; if it did wash away suddenly and refilled,…
1Opinion of the CourtSmith, J.
This is a suit in ejectment to recover the possession of a tract of land described as follows: “The southwest fractional quarter (west of Arkansas River) section 31, township 1 south, range 10 west, containing, according to the United States Government survey, 15.61 acres.” Title in the plaintiff is deraigned to the tract of land described. But the land sought to be recovered is not west of the Arkansas River. On the contrary, it is undisputed that the Arkansas River is now entirely west of the land. Appellants here, who were the plaintiffs below, contend that the land described, or a portion…
2Cases cited1 opinion
- Wallace v. DriverSupreme Court of Arkansas · 1896
3Cited by11 opinions
- Anderson-Tully Co. v. MurphreeCourt of Appeals for the Eighth Circuit · 1946
- Chicago Mill & Lumber Co. v. TullyCourt of Appeals for the Eighth Circuit · 1942
- Kimble v. WilleyDistrict Court, E.D. Arkansas · 1951
- Anderson-Tully Co. v. Chicago Mill & Lumber Co.Court of Appeals for the Eighth Circuit · 1949
- Bass v. WilleySupreme Court of Arkansas · 1950
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