Bell v. Clegg
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court in Chancery. lion. William M. Harrison, Circuit Judge. When the county court established Roane’s ferry privilege and granted him a license, the franchise ■was established, and became a vested right and interest, and did not cease to exist upon the mere failure or refusal of the county court to renew the license. Lindsay v. Lindley, SO.
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Appeal from Arkansas Circuit Court in Chancery. lion. William M. Harrison, Circuit Judge. When the county court established Roane’s ferry privilege and granted him a license, the franchise ■was established, and became a vested right and interest, and did not cease to exist upon the mere failure or refusal of the county court to renew the license. Lindsay v. Lindley, SO. Ark., 573. Roane had a vested interest in the franchise, which was property, and was, unquestionably, within the protection of 'law. And Clegg having used it, up to the filing of the bill, and having received and appropriated…
1Opinion of the CourtCompton, J.
This cause comes before us on appeal from the chancery side of the Jefferson circuit court.
The material allegations of the bill may he stated, substantially, as follows: In January, 1853, the complainant became the owner and took possession of the north bank of the Arkansas river, opposite the city of Pine Bluff, where the public road crosses said stream. Prior to January, 1853, a public ferry from the south bank of the river was established, at the before-mentioned crossing, under a license granted by the county court to the owner of the south bank, and was put into operation, whereby the…
2Cited by5 opinions
- Finley v. ShemwellSupreme Court of Arkansas · 1910
- Shemwell v. FinleySupreme Court of Arkansas · 1910
- Munn v. ShultsSupreme Court of Arkansas · 1917
- Ex Parte GraysonSupreme Court of Arkansas · 1925
- Offenhauser & Co. v. CuppSupreme Court of Arkansas · 1929