Gathright v. State
Supreme Court of Arkansas
Appeal from Little River Chancery Court; Jas. D. Shaver, Chancellor; 1. The dedication was irrevocable and the title passed absolutely to the public by the deed and plat. 91 Ark. 355; 77 Id. 177; II. 221; lb. 370; 80 Id. 489; 85 Id. 520. 2. The appellants are not barred by limitatioii. The dedication was made to the public — the people.
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Appeal from Little River Chancery Court; Jas. D. Shaver, Chancellor; 1. The dedication was irrevocable and the title passed absolutely to the public by the deed and plat. 91 Ark. 355; 77 Id. 177; II. 221; lb. 370; 80 Id. 489; 85 Id. 520. 2. The appellants are not barred by limitatioii. The dedication was made to the public — the people. The possession of the county has not been continuous, adverse nor hostile to the public interest and the statute of limitations does not apply to the sovereign or public. 11 Gratt. 576; 46 W. Va. 541; 11 Ark. 148; 115 U. S. 408; 68 la. 284; 24 Cal. 245; 117…
1Opinion of the CourtHumphreys, J.
Appellee filed an ex parte bill in the Little River Chancery Court on the 29th day of January, 1916, to quiet title to lots 17-28, inclusive, in block 30, in the town of Foreman or Rocky Comfort, alleging that said lots are a part of the west half of block 30 in said town; that said county procured title to said lots by conveyance, through order of the chancery court, from Eliza Schumann on the 18th day of February, 1903; that it took possession of said real estate .under said deed and has held possession thereof since that time.
Appellants became parties to the suit by agreement and responded…
2Cases cited3 opinions
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Mebane v. City of WynneSupreme Court of Arkansas · 1917
- Helena v. HornorSupreme Court of Arkansas · 1893
3Cited by2 opinions
- Fordyce v. HamptonSupreme Court of Arkansas · 1929
- Town of Madison v. BondSupreme Court of Arkansas · 1918