Porter v. City of Stuttgart
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; Jno. M. Elliott, Chancellor; 1. A dedication by one not the owner is ineffectual. 2 Greenleaf on Ev. 663; 14 Mich. 12; 90 Am. Dec. 220; 47 Neb. N. W. 633; 37 Id. 956; 61 S. E. 951; 6 So. 656; 76 Ind. 244; 47 N. W. 633. Porter has a perfect record title and to defeat his title a valid dedication by the holder of the title or his predecessor must be shown. 2. There is no presumption in favor of the title of a dedication.
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Appeal from Arkansas Chancery Court; Jno. M. Elliott, Chancellor; 1. A dedication by one not the owner is ineffectual. 2 Greenleaf on Ev. 663; 14 Mich. 12; 90 Am. Dec. 220; 47 Neb. N. W. 633; 37 Id. 956; 61 S. E. 951; 6 So. 656; 76 Ind. 244; 47 N. W. 633. Porter has a perfect record title and to defeat his title a valid dedication by the holder of the title or his predecessor must be shown. 2. There is no presumption in favor of the title of a dedication. Proof of ownership is necessary. 28 So. 700; 37 N.E. 956-9. 3. The burden of proving a valid dedication is on the party who sets it up. 25…
1Opinion of the CourtSmith, J.
This suit involves a controversy over the title to a strip of land which the appellant Porter claims by purchase and the city claims as an alley. Porter, who was the plaintiff below, claims title by virtue of a chain of conveyances beginning with one by the admitted owner and coming down to himself, in which the land conveyed is described by metes and bounds and included the strip in controversy. The city claims title to it as an alley under a plat which was filed in the office of the recorder of Arkansas County on February 28, 1887. The plat bears' a certificate of the county surveyor that…
2Cases cited10 opinions
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Brewer v. Pine BluffSupreme Court of Arkansas · 1906
- Davies v. EpsteinSupreme Court of Arkansas · 1905
- Hope v. ShiverSupreme Court of Arkansas · 1905
- Frauenthal v. SlatenSupreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wenderoth v. City of Fort SmithSupreme Court of Arkansas · 1974
- Ark. State Highway Comm. v. SherrySupreme Court of Arkansas · 1964
- City of Sherwood v. CookSupreme Court of Arkansas · 1993
- City of Magnolia v. BurtonSupreme Court of Arkansas · 1948
- Jennings v. RussellSupreme Court of Arkansas · 1945
5 more not listed; retrieve them via the Exa API.