Rhodes v. Cissel
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; 1. There is no estoppel in this case. None of the elements of estoppel appear. 2 Pomeroy, Eq. Jur. (3 Ed.) § 805; 39 Ark. 131; 38 S. W. 348; 52 id. 52; 46 111. 252; 11 Humph. 183; '5 id. 26; 49 A,rk. 225. 2. The trust deed was on a different tract of land.
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; 1. There is no estoppel in this case. None of the elements of estoppel appear. 2 Pomeroy, Eq. Jur. (3 Ed.) § 805; 39 Ark. 131; 38 S. W. 348; 52 id. 52; 46 111. 252; 11 Humph. 183; '5 id. 26; 49 A,rk. 225. 2. The trust deed was on a different tract of land. But if on the land it would not work an estoppel. 99 S. W. .83; 34 id. 827-8. 3. Where land is bounded by an unnaviga’ble lake or stream, the riparian owner takes to the middle of the stream. 25 Ark. 120. Rhodes is estopped. 62 Ark. 316; 3 Washburn, Real Property, pp.…
1Opinion of the CourtBattue, J.
This is a contest between appellant and appellee over a tract of unsurveyed land in Mississippi County, in this State, known as “Golden Lake.” At the time the surrounding lands were surveyed by the United States, it was a shallow, unnavigable body of water. Its waters have gradually passed away until the greater part of its former bed has become cultivable. A farm, containing as much as 200 acres of land reclaimed from its waters, has been inclosed and cultivated upon what was the bed of the lake. John CisSel is in possession of this farm and other lands in what is known as the lake, claiming…
2Cases cited4 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Galliher v. CadwellSupreme Court of the United States · 1892
- Scheifert v. BriegelSupreme Court of Minnesota · 1903
- Bramble v. KingsburySupreme Court of Arkansas · 1882
3Cited by21 opinions
- Little v. WilliamsSupreme Court of Arkansas · 1908
- Peoples National Bank v. Linebarger Construction Co.Supreme Court of Arkansas · 1951
- Barboro v. BoyleSupreme Court of Arkansas · 1915
- Yaffe Iron Metal Company v. Pulaski CountySupreme Court of Arkansas · 1934
- United States v. Lee Wilson & Co.District Court, E.D. Arkansas · 1914
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