McLain v. Keel
Supreme Court of Arkansas
Appeal from Jackson Cbancery Court; Geo. T. Humphries, Chancellor; Tbe road was never abandoned as a highway. The only way to abolish a road established, by order of court, or prescription is the way prescribed by statute. 42 Minn. 391; Kirby’s Digest, § 3008; 10 Ark. 241; 65 N. Y. 57; 103 Id. 77; 16 Wend. 531; 83 Ky. 608; 83 Ark. 336-8; 35 Id. 495. The decree is without evidence to support it. 1. The road was established by “user” and was only an easement and had long been…
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Appeal from Jackson Cbancery Court; Geo. T. Humphries, Chancellor; Tbe road was never abandoned as a highway. The only way to abolish a road established, by order of court, or prescription is the way prescribed by statute. 42 Minn. 391; Kirby’s Digest, § 3008; 10 Ark. 241; 65 N. Y. 57; 103 Id. 77; 16 Wend. 531; 83 Ky. 608; 83 Ark. 336-8; 35 Id. 495. The decree is without evidence to support it. 1. The road was established by “user” and was only an easement and had long been abandoned and ceased to be a public road. 24 Ark. 102; 50 Id. 471; 51 Id. 497; 69 Id. 448. 2. This road was never…
1Opinion of the CourtWood, J.
This action was instituted by the appellees against the appellants to enjoin the latter from opening up a certain road through appellees’ premises. The appellees alleged in substance that they were the owners of certain lands (describing them) over which there was an old road from Newport to Old Grand Glaize in Jackson County, Arkansas; that the road had been abandoned as a public highway about 30 years ago; that the land over which the road formerly passed had been enclosed by appellees and held by them openly, adversely, and continuously for more than 15 years; that appellant Frank Nelson,…
2Cases cited9 opinions
- Corning v. GouldNew York Supreme Court · 1837
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
- Leach v. SmithSupreme Court of Arkansas · 1917
- State ex rel. Thompson v. ParkerSupreme Court of Arkansas · 1917
- Patton v. StateSupreme Court of Arkansas · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jones v. StateSupreme Court of Arkansas · 1969
- Owners Ass'n of Foxcroft Woods, Inc. v. Foxglen AssociatesSupreme Court of Arkansas · 2001
- Cernauskas v. FletcherSupreme Court of Arkansas · 1947
- Buffalo River Conservation & Recreation Council v. National Park ServiceCourt of Appeals for the Eighth Circuit · 1977
- Clinton Chamber of Commerce v. JacobsSupreme Court of Arkansas · 1948
14 more not listed; retrieve them via the Exa API.