Jenkins v. Ellis
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; 1. The original surveys by the United States control as to boundaries. 97 Ark. 193; 97 Am. St. 310; 110 Id. 910; 22 Fla. 515; 1 So. 149; 20 S. W. 673. 2. Quantity must yield to course and distance, which must give way to artificial and natural objects. 3 Ark. 57; 13 Strath. (S. C.) 132; 97 Am.
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Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; 1. The original surveys by the United States control as to boundaries. 97 Ark. 193; 97 Am. St. 310; 110 Id. 910; 22 Fla. 515; 1 So. 149; 20 S. W. 673. 2. Quantity must yield to course and distance, which must give way to artificial and natural objects. 3 Ark. 57; 13 Strath. (S. C.) 132; 97 Am. St. 310; 11 111. 279; 95 Ark. 375; lb. 151; 64 Ark. 240. 3. Parol testimony was admissible to show the meaning of the parties. 12 A. & E. Ann. Cas. 296, and note; 95 Ark. 150; lb. 375. 1. All deeds are construed most strongly against the…
1Opinion of the CourtMcCulloch, C. J.
Appellant owned a quarter section of land in Arkansas County, described as the fractional northwest quarter of section 30, township 4 south, range 1 west, which contains 153.40 acres, and on September 7, 1910, he conveyed a portion of said tract to Nosworthy & Co. (a partnership), described in the deed as “The north 80 of fractional northwest quarter, section 30, township 4 south, range 1 west — eighty acres.” A few weeks later Nosworthy & Co. executed a deed conveying the land to appellee, Ellis, who took possession of the same and fenced it, including in his enclosure the full area of…
2Cases cited6 opinions
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
- Dorr v. School District No. 26Supreme Court of Arkansas · 1882
- St. L., I. M. & S. Railway Co. v. BeidlerSupreme Court of Arkansas · 1885
- Walker v. DavidSupreme Court of Arkansas · 1901
- Scott v. Dunkel Box & Lumber Co.Supreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gibson v. PickettSupreme Court of Arkansas · 1974
- Jackson v. LadySupreme Court of Arkansas · 1919
- Holmes v. CountissSupreme Court of Arkansas · 1938
- Laing v. McClungWest Virginia Supreme Court · 1927
- McCuiston v. RollmanSupreme Court of Arkansas · 1967
4 more not listed; retrieve them via the Exa API.