Goodwin v. Garibaldi
Supreme Court of Arkansas
Appeal from Pulaski 'Chancery Court; Jesse C. Hart, Chancellor; Defendant’s plea of limitation should have been sustained. The land was bought in 1884, and from the tiipe of its acquisition the Cunninghams and appellants have kept it enclosed and in cultivation asserting legal title thereto. 59 Ark. 628; 77 Ark. 203; 80 Ark. 444; 75 Ark. 400; 120 U. S. 544; 38 Ark. 181. The plea of limitation was properly overruled.
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Appeal from Pulaski 'Chancery Court; Jesse C. Hart, Chancellor; Defendant’s plea of limitation should have been sustained. The land was bought in 1884, and from the tiipe of its acquisition the Cunninghams and appellants have kept it enclosed and in cultivation asserting legal title thereto. 59 Ark. 628; 77 Ark. 203; 80 Ark. 444; 75 Ark. 400; 120 U. S. 544; 38 Ark. 181. The plea of limitation was properly overruled. There was no intention or effort on the part of Cunningham to claim beyond the line of his purchase; if he went beyond that line, it was by mistake, and not with intention to take…
1Opinion of the CourtRiddick, J.
This is a suit in equity brought by Vivian Garibaldi against Emma C. Goodwin and others to define and establish the boundaries between land of plaintiff and that of defendants. The land owned by plaintiffs is described as lot 3 of Clement’s subdivision, and contains about 2.40 acres as s/hown on the .plat of that subdivision. Immediately south of the land owned by plaintiff is Cunningham’s Addition to the city of Argenta. The lots owned by the defendant are in this addition.
The Cunningham tract was bought by him and his brother in 1884. They inclosed it with a fence in the summer off that…
2Cases cited3 opinions
- Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Cunningham v. BrumbackSupreme Court of Arkansas · 1861
3Cited by30 opinions
- Terral v. BrooksSupreme Court of Arkansas · 1937
- Gregory v. JonesSupreme Court of Arkansas · 1947
- Parsons v. SharpeSupreme Court of Arkansas · 1912
- Butler v. HinesSupreme Court of Arkansas · 1912
- Patterson v. MillerSupreme Court of Arkansas · 1922
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