Yutterman v. Grier
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; 1. This is an action in ejectment, cognizable at law, in which court plaintiff brought his suit, deliberately, and in which court he ought to have been required to abide the issue. The case does not present “the peculiar equities” essential to the jurisdiction of a court of equity.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; 1. This is an action in ejectment, cognizable at law, in which court plaintiff brought his suit, deliberately, and in which court he ought to have been required to abide the issue. The case does not present “the peculiar equities” essential to the jurisdiction of a court of equity. It is not a case of disputed boundaries, as in Deidrioh v. Simmons, 75 Ark. 400, but it is a case presenting a question of fact, i. e., whether or not the land in question is accretion, to be determined from the testimony of…
1Opinion of the CourtMcCulloch, C. J.
This controversy involves the title to lands alleged to have be'en formed by accretion on the west bank of the Arkansas River in Sebastian County, Arkansas.
Plaintiff, Grier, instituted the action against defendant, Yutterman, in the circuit court of Sebastian County, Port Smith District, to recover possession of what he claims is the accretion to his land.
The circuit court rendered judgment in his favor for some of the land claimed, but apportioned the accretion according to the wrong basis, and- he appealed to this court. The judgment was reversed on account of that error. 102 Ark. 433.
As…
2Cases cited11 opinions
- Nebraska v. IowaSupreme Court of the United States · 1892
- Benson v. MorrowSupreme Court of Missouri · 1875
- Wallace v. DriverSupreme Court of Arkansas · 1896
- Deidrich v. SimmonsSupreme Court of Arkansas · 1905
- Bellefontaine Improvement Co. v. NiedringhausIllinois Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978
- Omaha Indian Tribe v. WilsonCourt of Appeals for the Eighth Circuit · 1978
- Goins v. MerrymanSupreme Court of Oklahoma · 1938
- Porter v. Arkansas Western Gas Co.Supreme Court of Arkansas · 1972
- Desha v. ErwinSupreme Court of Arkansas · 1925
6 more not listed; retrieve them via the Exa API.