Little Rock & Fort Smith Railway Co. v. Evins
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Jeptha H. Evans, Judge. The description of the land in the deeds introduced in evidence was insufficient to identify the land. 3 Ark. 18; 15 Ark. 297; 48 Ark. 419; 60 Ark. 487; 56 Ark. 175; 68 Ark. 150. The court erred in admitting testimony as to the measure of damages for the right of way across the land. 54 Ark. 140; 42 Wis. 538; 55 Ark. 70; 59 Ark. no; 62 Ark. 7; 70 Ark. 403; 68 Ark. 224. The description contained in the deeds was…
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Appeal from Johnson Circuit Court. Jeptha H. Evans, Judge. The description of the land in the deeds introduced in evidence was insufficient to identify the land. 3 Ark. 18; 15 Ark. 297; 48 Ark. 419; 60 Ark. 487; 56 Ark. 175; 68 Ark. 150. The court erred in admitting testimony as to the measure of damages for the right of way across the land. 54 Ark. 140; 42 Wis. 538; 55 Ark. 70; 59 Ark. no; 62 Ark. 7; 70 Ark. 403; 68 Ark. 224. The description contained in the deeds was sufficient. 64 Ark. 580; 66 Ark. 422. The judgment as to damages was proper. 41 Ark. 202; 51 Ark. 324.
1Opinion of the CourtBattle, J.
Joseph Evins sued the Little Rock & Fort Smith Railway Company for damages caused by the use and appropriation of his lands by the defendant for a right of way for its railway. The defendant denied the appropriation and damage. 'Plaintiff recovered judgment against the defendant for $380, and the defendant appealed.
It is contended by appellant that the description of the land in the deed adduced by the appellee.in the trial of this action .as evidence of his title to the land appropriated for right of way was not sufficient to identify the land. It is described in one deed as N. E. fr.…
2Cases cited2 opinions
- Chestnut v. HarrisSupreme Court of Arkansas · 1897
- Boles v. McNeilSupreme Court of Arkansas · 1899
3Cited by9 opinions
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- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Ry. Co. v. BrooksherSupreme Court of Arkansas · 1908
- Rucker v. Arkansas Land & Timber Co.Supreme Court of Arkansas · 1917
- American Investment Co. v. GleasonSupreme Court of Arkansas · 1930
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