Legal Opinion

Jenkins v. Ellis

Supreme Court of Arkansas

Decided February 2, 1914PublishedCited by 9 opinions

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

  1. Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
  2. Dorr v. School District No. 26Supreme Court of Arkansas · 1882
  3. St. L., I. M. & S. Railway Co. v. BeidlerSupreme Court of Arkansas · 1885
  4. Walker v. DavidSupreme Court of Arkansas · 1901
  5. Scott v. Dunkel Box & Lumber Co.Supreme Court of Arkansas · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Gibson v. PickettSupreme Court of Arkansas · 1974
  2. Jackson v. LadySupreme Court of Arkansas · 1919
  3. Holmes v. CountissSupreme Court of Arkansas · 1938
  4. Laing v. McClungWest Virginia Supreme Court · 1927
  5. McCuiston v. RollmanSupreme Court of Arkansas · 1967

4 more not listed; retrieve them via the Exa API.

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