Mallory v. Brademyer
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. Ferix G. Tayror, Judge. STATEMENT BY THE COURT. This was an action of ejectment, begun by the appellant in the circuit court of Crittenden County, to recover from the appellee seventy-seven acres of land alleged to be accretion to the E. of the S. W. of section 3, township 8 N., range 9 E. The appellee answered, and denied that the land in controversy was an accretion, and also pleaded the statute of limitation of seven years as a…
Read the full summary
Appeal from Crittenden Circuit Court. Ferix G. Tayror, Judge. STATEMENT BY THE COURT. This was an action of ejectment, begun by the appellant in the circuit court of Crittenden County, to recover from the appellee seventy-seven acres of land alleged to be accretion to the E. of the S. W. of section 3, township 8 N., range 9 E. The appellee answered, and denied that the land in controversy was an accretion, and also pleaded the statute of limitation of seven years as a defense. It was admitted that the appellant, the plaintiff below, was the owner of the E. of section 3. The cause was…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The burden was upon appellant to show that he was the owner of the land in controversy by accretion. Nix v. Pfeifer, 73 Ark. 201; Wallace v. Driver, 61 Ark. 429.
The question as to whether or not the land in suit was an accretion to appellant’s land was submitted to the jury upon a correct instruction asked by appellant; and as the verdict was general, and no special findings of fact were made by the jury or asked by appellant, we must take it that the verdict was against him on the question of accretion.
The only question therefore for us is, was the…
2Cases cited2 opinions
- Wallace v. DriverSupreme Court of Arkansas · 1896
- Railway Co. v. ThomasonSupreme Court of Arkansas · 1894
3Cited by8 opinions
- Clardy v. StateSupreme Court of Arkansas · 1910
- Arkansas Land & Cattle Co. v. Anderson-Tully Co.Supreme Court of Arkansas · 1970
- State v. Hatchie Coon Hunting & Fishing Club, Inc.Court of Appeals of Arkansas · 2007
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1908
- Martin v. MongerSupreme Court of Arkansas · 1914
3 more not listed; retrieve them via the Exa API.