Dermott v. Stinson
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; N. B. Scott. Special Chancellor; 1. Chancery cases on appeal are tried de novo. 197 S. W. 1160; 188 Id. 1160; 125 Ark. 364; 93 Id. 394; 79 Id. 577; 99 Id. 218; 125 S. W. 422; 96 Id. 134; 138 Id. 978. The findings of the chancellor are persuasive only. 2 R. C. L., pp. 203-4. 2. The findings of the chancellor are clearly against the preponderance of the evidence and the decree should he reversed. 34 Ark. 212. 3. Where lands are occupied…
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Appeal from Chicot Chancery Court; N. B. Scott. Special Chancellor; 1. Chancery cases on appeal are tried de novo. 197 S. W. 1160; 188 Id. 1160; 125 Ark. 364; 93 Id. 394; 79 Id. 577; 99 Id. 218; 125 S. W. 422; 96 Id. 134; 138 Id. 978. The findings of the chancellor are persuasive only. 2 R. C. L., pp. 203-4. 2. The findings of the chancellor are clearly against the preponderance of the evidence and the decree should he reversed. 34 Ark. 212. 3. Where lands are occupied permissively and the use and occupation is not manifestly inconsistent with the right of the grantor, notice of hostility of…
1Opinion of the CourtWood, J.
The city of Dermott, through its council, passed a resolution to open a certain common within the city limits.
The appellee instituted this action against the appellants to enjoin the opening of the common. He alleged that he is the owner of lots 3 and 4 of the original hamlet of Dermott, as platted by S. A. Duke, March 30, 1882, which plat was duly recorded in Chicot County. He alleged that he occupied these lots with an additional strip contiguous thereto as his homestead, and that he and his predecessors in title had been in the continuous, open and adverse possession of same for more than…
2Cases cited5 opinions
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Hudson v. StillwellSupreme Court of Arkansas · 1906
- Hutt v. SmithSupreme Court of Arkansas · 1915
- Smith v. SpinnenweberSupreme Court of Arkansas · 1914
- Turquett v. McMurrainSupreme Court of Arkansas · 1913
3Cited by4 opinions
- Stroud v. SnowSupreme Court of Arkansas · 1932
- Chicago Mill & Lumber Co. v. MatthewsSupreme Court of Arkansas · 1924
- Duke v. StewartCourt of Appeals of Texas · 1921
- Trx v. MeffordSupreme Court of Arkansas · 1967