Legal Opinion

Couch v. Adams

Supreme Court of Arkansas

Decided March 2, 1914PublishedCited by 8 opinions

Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; If appellant was mistaken as to the true line, yet in good faith inclosed the strip in controversy, believing it to be his own, and held it continuously for seven years openly, peaceably and adversely, claiming it as his own, his possession ripened into title. 59 Ark. 626; 100 Ark. 71; 100 Ark. 555; 101 Ark. 409. The court, therefore, erred in refusing to submit the question of adverse possession to the…

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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulk, Judge; If appellant was mistaken as to the true line, yet in good faith inclosed the strip in controversy, believing it to be his own, and held it continuously for seven years openly, peaceably and adversely, claiming it as his own, his possession ripened into title. 59 Ark. 626; 100 Ark. 71; 100 Ark. 555; 101 Ark. 409. The court, therefore, erred in refusing to submit the question of adverse possession to the jury. 87 Ark. 170; Id. 496; 90 Ark. 150; 104 Ark. 274. There was no issue of fact for. the jury’s determination.…

1Opinion of the CourtMcCulloch, C. J.

Plaintiffs and defendant own adjoining tracts or lots of land in the city of Little Bock, and this controversy involves the title and right to possession of a strip about twelve feet wide on tbe boundary between tbeir respective lots.

Tbe undisputed testimony shows that the strip in controversy is situated within the boundaries of the lot described in plaintiffs’ deed, but the defendant claims title by adverse possession for a period of more than seven years before the commencement of this action.

Defendant purchased his lot, and the same was conveyed to him, on June 15, 1904, and the agent of…

2Cases cited2 opinions

  1. Goodwin v. GaribaldiSupreme Court of Arkansas · 1907
  2. Bayles v. DaughertySupreme Court of Arkansas · 1905

3Cited by8 opinions

  1. Terral v. BrooksSupreme Court of Arkansas · 1937
  2. Kieffer v. WilliamsSupreme Court of Arkansas · 1966
  3. Martin v. WinstonSupreme Court of Arkansas · 1945
  4. Hutt v. SmithSupreme Court of Arkansas · 1915
  5. Palmer v. SandersSupreme Court of Arkansas · 1961

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