Legal Opinion

Hayden v. Hill

Supreme Court of Arkansas

Decided April 2, 1917PublishedCited by 13 opinions

Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. The court erred in declaring the law to be that the cause of action did not accrue until after the death of the widow, Rebecca T. Williams, in 1913, and that the possession of John Hayden was not adverse until the death of said widow; and further erred in refusing to declare that limitation began to run from the time defendant entered into possession in 1896. The cause of action was barred.

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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. The court erred in declaring the law to be that the cause of action did not accrue until after the death of the widow, Rebecca T. Williams, in 1913, and that the possession of John Hayden was not adverse until the death of said widow; and further erred in refusing to declare that limitation began to run from the time defendant entered into possession in 1896. The cause of action was barred. Kirby’s Digest, § § 5056, 2745; 16 Cyc. 659; 93 Ark. 392; 94 Id. 306; 105 Id. 646; 111 Id. 305; 67 Id. 84, 95-6; 51 Id. 235. 2. Actual notice is…

1Opinion of the CourtHumphreys, J.

Appellees brought ejectment in the Phillips County Circuit Court on the 30th day of August, 1915, against appellant, to recover possession of the following described real' estate in the county of Phillips and State of Arkansas, towit:

Begin 2.64 chains west of southeast comer of section 27, township 3 south, range 3 east, Phillips County, Arkansas; thence south 89% degrees west, 31.05 chains; thence north 50 degrees west, 3.42 chains; thence north 71% degrees east, 4.79 chains; thence south 87% degrees east, 4.18 chains; thence south 70 degrees east, 4.91 chains; thence north 54% degrees east,…

2Cases cited15 opinions

  1. Ogden v. OgdenSupreme Court of Arkansas · 1894
  2. Kessinger v. WilsonSupreme Court of Arkansas · 1890
  3. Watson v. HardinSupreme Court of Arkansas · 1910
  4. Rogers v. OgburnSupreme Court of Arkansas · 1915
  5. LeSieur v. SpikesSupreme Court of Arkansas · 1915

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Smith v. KapplerSupreme Court of Arkansas · 1952
  2. Wilson v. McDanielSupreme Court of Arkansas · 1970
  3. Champion v. WilliamsSupreme Court of Arkansas · 1924
  4. Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
  5. Maxwell v. HamelNebraska Supreme Court · 1940

8 more not listed; retrieve them via the Exa API.

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