Campbell v. Southwestern Telegraph & Telephone Co.
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George I. Humphries, Chancellor; 1. The allegation that the Patterson Telephone Company is the one responsible is a pure conclusion of law, and demurrable. 38 Ark. 519; 43 Id. 296; 72 Id. 478. 2. It is not averred that seven years adverse possession had elapsed before suit. 73 Ark. 8. Nor that adverse possession was under color of title. 75 Ark. 593-5. 3. An offer to remove the poles is no defense to a suit for the use of land. 7 Ark. 405;…
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Appeal from Jackson Chancery Court; George I. Humphries, Chancellor; 1. The allegation that the Patterson Telephone Company is the one responsible is a pure conclusion of law, and demurrable. 38 Ark. 519; 43 Id. 296; 72 Id. 478. 2. It is not averred that seven years adverse possession had elapsed before suit. 73 Ark. 8. Nor that adverse possession was under color of title. 75 Ark. 593-5. 3. An offer to remove the poles is no defense to a suit for the use of land. 7 Ark. 405; 10 Id. 592; 11 Id. 442. .4. The motion to elect should have been sustained. The pleadings are repugnant and…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Anna B. Campbell, is the owner of a quarter section of farm land located near the town or village of Tupelo, in Jackson County, Arkansas. She purchased the same from one J. M. J ones in the year 1900. Prior to that time, in the year 1885, the plaintiff’s grantor had executed to the White & Black River Valley Railroad Company a deed conveying a right-of-way fifty feet in width through said tract of land running twenty-five feet each way from the center of the railroad track. The railroad was constructed by said railroad corporation along the center of the right-of-way, and has…
2Cases cited3 opinions
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- City Electric Street Railway Co. v. First National BankSupreme Court of Arkansas · 1898
- Ritter v. ThompsonSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Ark. State Highway Commission v. DobbsSupreme Court of Arkansas · 1960
- International Paper Co. v. MCI Worldcom Network Services, Inc.District Court, W.D. Arkansas · 2002
- Nordin v. MayCourt of Appeals for the Eighth Circuit · 1951
- Tolbert v. SamuelsSupreme Court of Arkansas · 1958
- Boyd v. PierceSupreme Court of Arkansas · 1983
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