Legal Opinion

Lynch v. Cypert

Supreme Court of Arkansas

Decided May 27, 1957No. 5-1284PublishedCited by 7 opinions

1Opinion of the CourtGeorge Rose Smith, J.

An abandoned railroad right of way, 200 feet in width, lies between the appellant’s land on the north and the appellee’s land on the south. The appellant brought this action in ejectment to recover possession of the south half of the 200-foot strip. The complaint alleges that the entire strip was conveyed to the railroad company by one of the plaintiff’s predecessors in title, Mike Mathis, and that the entire strip therefore reverted to the plaintiff • when the railroad company removed its trackage in 1949. It is asserted that the defendant, whose land lies on the south side of the right of…

2Cases cited5 opinions

  1. Fitzgerald v. County of ModocCalifornia Supreme Court · 1913
  2. Texas & Pacific Railway Co. v. MartinTexas Supreme Court · 1934
  3. Daugherty v. Helena & Northwestern RailwaySupreme Court of Arkansas · 1952
  4. Fuchs v. Reorganized School Dist. No. 2, Gasconade Co.Supreme Court of Missouri · 1952
  5. Davis v. St. Joe School District of Searcy CountySupreme Court of Arkansas · 1955

3Cited by7 opinions

  1. Midkiff v. Castle & Cooke, Inc.Hawaii Supreme Court · 1962
  2. El Dorado & Wesson Railway Co. v. SmithSupreme Court of Arkansas · 1961
  3. Coleman v. Missouri Pacific RailroadSupreme Court of Arkansas · 1988
  4. Wylie v. TullSupreme Court of Arkansas · 1989
  5. Kansas City So. Ry. Co. v. City of Ft. SmithSupreme Court of Arkansas · 1958

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