Scott v. Mills
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. F. T. Vaughan, Judge. The court erred in declaring the law as asked for appellees, and in refusing to declare as asked by appellants. 1. To maintain title by limitation there must be actual, visible, open, notorious and continuous adverse possession under claim of title for the full period of limitation. There must be no. abandonment.
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APPEAL from Lonoke Circuit Court. F. T. Vaughan, Judge. The court erred in declaring the law as asked for appellees, and in refusing to declare as asked by appellants. 1. To maintain title by limitation there must be actual, visible, open, notorious and continuous adverse possession under claim of title for the full period of limitation. There must be no. abandonment. See Sedg. & W. Tr. of Title to Land, secs. 725, 728, 7jf, etc.; 27 Ark., pj; 61 Tex., 171; 14 Wall., 146. 2. The court erred in declaring appellant’s deed void. The first, second and third grounds can in nowise affect…
1Opinion of the CourtBattle, J.
This was an action instituted by William E. Woodruff, Sr., and Anderson Mills, against Anthony and Albert Scott, for the recovery of certain lands in Lonoke county. Plaintiffs, to maintain their action, relied upon seven years’ adverse possession under color of title. The color of title was sufficiently shown. Their right to recover depends upon the sufficiency cf the evidence of adverse possession. The evidence on this point is : The plaintiff, Mills, in 1870 or 1871, took possession of the land and deadened the timber on about sixty-eight acres, and paid the taxes on it from 1870 to 1876,…
2Cases cited7 opinions
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- Joiner v. BordersSupreme Court of Georgia · 1861
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