Hudson v. Stillwell
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; George M. Chap liner Judge; x. The issue is as to whether or not appellants and their ancestors had seven 3iears open, continuous, adverse possession of the land in controversy. Such possession confers title in this. State. Kirby’s Digest, § 5056; 38 Ark. 193; 48 Id. 316; 58 Id, 142. Appellant, Hudson, testified without contradiction, that he, his wife and her father had held the land continuously since-1878, claiming it up to the fence.
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Appeal from Arkansas Circuit Court; George M. Chap liner Judge; x. The issue is as to whether or not appellants and their ancestors had seven 3iears open, continuous, adverse possession of the land in controversy. Such possession confers title in this. State. Kirby’s Digest, § 5056; 38 Ark. 193; 48 Id. 316; 58 Id, 142. Appellant, Hudson, testified without contradiction, that he, his wife and her father had held the land continuously since-1878, claiming it up to the fence. No question was ever raised as to the boundary. Acquiescence for such a length of time is conclusive evidence that the…
1Opinion of the CourtMcCulloch, J.
This action involves a controversy between the respective owners of two coterminous tracts of land, as to the location of the boundary line. The precise location of the line is disputed, and, in addition to that issue, the defendant asserts that they, and those from whom they deraign title, have adversely held the land in controversy for more than .seven years before the commencement of the action, and they plead the statute of limitations in bar of the plaintiff’s right to recover. The testimony is conflicting as to whether the occupancy of defendant and those from whom they obtained title…
2Cases cited2 opinions
- Bayles v. DaughertySupreme Court of Arkansas · 1905
- Parham v. DedmanSupreme Court of Arkansas · 1898
3Cited by24 opinions
- Hart v. SternbergSupreme Court of Arkansas · 1943
- Butler v. HinesSupreme Court of Arkansas · 1912
- Hoskins v. TalleyNew Mexico Supreme Court · 1923
- Lowe v. CoxSupreme Court of Arkansas · 1946
- Deweese v. LogueSupreme Court of Arkansas · 1945
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