Chandler v. Neighbors
Supreme Court of Arkansas
APPEAL from Hot Springs Circuit Court. Hon. J. B. "Wood, Circuit Judge. 1. Parol proof not admissible to show that a greater number of acres was conveyed than described in the deed. 33 Ark., 151. 2. The third instruction for defendant is in direct conflict with the law, a3 applicable to this case. lb. 3. Appellee estopped from claiming any interest by his express disclaimer. 30 Ark., 131; 9 Cal., Wlp. 4. The verdict contrary to the evidence.
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APPEAL from Hot Springs Circuit Court. Hon. J. B. "Wood, Circuit Judge. 1. Parol proof not admissible to show that a greater number of acres was conveyed than described in the deed. 33 Ark., 151. 2. The third instruction for defendant is in direct conflict with the law, a3 applicable to this case. lb. 3. Appellee estopped from claiming any interest by his express disclaimer. 30 Ark., 131; 9 Cal., Wlp. 4. The verdict contrary to the evidence. The description contained in the deed was the only evidence that, could be properly resorted to. The survey by Tolley in 1857 or ’58, and the adverse…
1Opinion of the CourtSmith, J.
This was ejectment to recover a strip of fifteen or twenty acres in the western part of north half of southeast quarter of section 6, township 5 south, range 19 west. The plaintiff showed a prima facie title in himself to the whole tract of eighty acres, of which this strip was a part. The defendant, who was the owner of the adjoining tract on the west, relied upon adverse possession of the land in controversy, continued for such a length of time as to confer a title under the statutes of limitation. To sustain this plea, he introduced the patent deed made by the United States, in the year…
2Cases cited2 opinions
- Willson v. BettsNew York Supreme Court · 1847
- Gray v. YatesSupreme Court of Missouri · 1878
3Cited by3 opinions
- Fox v. DrewrySupreme Court of Arkansas · 1896
- Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
- Castleberry v. CastleberrySupreme Court of Arkansas · 1941