Clay v. Penzel
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; statement by the court. Terrence O’Dougherty and Plarry Mesler are the owners of land on west side of block 353, in the city of Little Rock, while Adam C. Penzel owns land in block 354 west of the land owned by O’Dougherty and Mesler.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; statement by the court. Terrence O’Dougherty and Plarry Mesler are the owners of land on west side of block 353, in the city of Little Rock, while Adam C. Penzel owns land in block 354 west of the land owned by O’Dougherty and Mesler. Between the land of O’Dougherty and Mésler and the land of Penzel is a strip of land fifteen feet wide which they, since 1888 or 1889, have used as public alley separating the .two blocks. M. J. Clay was at one time the owner of the whole of block 354. Pie claims that this fifteen-foot strip is not a…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal by M. J. Clay fronv a judgment of the chancery court of Pulaski County enjoining him from putting a building upon or otherwise obstructing a strip of ground 15 feet wide lying between the land of plaintiff Penzel in block 354 and land owned by plaintiff O’Dougherty and plaintiff Mesler in block 353.
The plaintiffs claim that this strip of ground, which extends north and south the full length of these two blocks, is a public .alley, and constitutes an open public passway between the two blocks, while defendant Clay contends that it is in…
2Cases cited1 opinion
- Johnson v. LewisSupreme Court of Arkansas · 1885
3Cited by16 opinions
- Fullenwider v. KitchensSupreme Court of Arkansas · 1954
- Boullioun v. ConstantineSupreme Court of Arkansas · 1932
- McGill v. MillerSupreme Court of Arkansas · 1926
- Howard v. WrightNevada Supreme Court · 1914
- State ex rel. Thompson v. ParkerSupreme Court of Arkansas · 1917
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