Horseman v. Hincha
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The court erred in taking the case from the jury and directing a verdict. 2. It was error to withdraw and exclude from the consideration of the jury that part of J. S. Fry’s testimony relative to the acts of Fry Brothers in exercising ownership over the land and instructing the jury that it would not consider it for the reason that there was no evidence at that time tending to show that they did so under claim of…
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. The court erred in taking the case from the jury and directing a verdict. 2. It was error to withdraw and exclude from the consideration of the jury that part of J. S. Fry’s testimony relative to the acts of Fry Brothers in exercising ownership over the land and instructing the jury that it would not consider it for the reason that there was no evidence at that time tending to show that they did so under claim of ownership. The law is contrary to the declaration of the court. Under the evidence it was error to direct a verdict. 89…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee instituted this action in the circuit court of Randolph County to recover possession of a tract of land in that county described as the northeast quarter of the southwest quarter (NE. % SW. 14)i section 30, in township 20 north, range 1 west, containing 38.32 acres, of which appellant is alleged to wrongfully hold possession.
In the complaint appellee deraigned title from the Government of the United States and claimed immediately under a deed from one Rickman. Appellant answered denying that Rickman conveyed the land to appellee, and also claimed title by adverse possession for more…
2Cases cited3 opinions
- Dowdle v. WheelerSupreme Court of Arkansas · 1905
- Wilson v. RogersSupreme Court of Arkansas · 1911
- Robinson v. NordmanSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Dierks Lumber & Coal Co. v. VaughnDistrict Court, E.D. Arkansas · 1954
- Williams v. HufstedlerCourt of Appeals of Arkansas · 1985
- St. Louis Union Trust Co. v. SmithSupreme Court of Arkansas · 1944
- Berry v. FinkbeinerSupreme Court of Arkansas · 1953