Hutt v. Smith
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The record title in plaintiff -being conceded, tbe defendant had the burden of proving Ml the essential elements of an adverse possession of such character as would ■overthrow this title and establish his own. 57 Ark. 97; 59 Ark. 626; 65 Ark. 422; 79 Ark. 109; 163 S. W. 783. The •possession -should not -only be accompanied by the adverse intent so as to fix the character of the original -entry, but Ms-o…
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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The record title in plaintiff -being conceded, tbe defendant had the burden of proving Ml the essential elements of an adverse possession of such character as would ■overthrow this title and establish his own. 57 Ark. 97; 59 Ark. 626; 65 Ark. 422; 79 Ark. 109; 163 S. W. 783. The •possession -should not -only be accompanied by the adverse intent so as to fix the character of the original -entry, but Ms-o continuous and unbroken -during the statutory period so as to leave no doubt on tbe mind of the true owner, not only who…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted to recover possession of a. tract of land containing .about eight acres, and the claimant shows a clear record or paper title. • The defendant claims title only by adverse possession for the statutory period of limitations, and the case was tried before the jury on that issue. The verdict was in favor of the defendant, and the plaintiff appealed.
The plaintiff owns a farm in Little Eiver County, and the defendant owns one adjoining his on the south. The land in controversy is, and has been for twenty years before the commencement of this action, inclosed with the…
2Cases cited3 opinions
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Hudson v. StillwellSupreme Court of Arkansas · 1906
- Couch v. AdamsSupreme Court of Arkansas · 1914
3Cited by9 opinions
- Hoskins v. TalleyNew Mexico Supreme Court · 1923
- Deweese v. LogueSupreme Court of Arkansas · 1945
- Sloan v. AyresSupreme Court of Arkansas · 1945
- Stroud v. SnowSupreme Court of Arkansas · 1932
- Sanders v. BakerSupreme Court of Arkansas · 1950
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