Medlock v. Owen
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. 'Shaver, Chancellor; A servitude was imposed across the land by appellant’s grantor, thereby, establishing a private road or way necessary to a reasonable enjoyment of the tract; and seven years’ use, open, notorious and adverse, is a bar under our statutes and decisions. Kirby’s Dig., § 623; 14 Cyc. 1166; 49 Am. Dec. 94; 13 Id. 747, note; 98 Mass. 50; 59 N. J. Eq. 46; 33 Atl. 802; 190 Pa. St. 536; 35 Am.
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Appeal from Clark Chancery Court; James D. 'Shaver, Chancellor; A servitude was imposed across the land by appellant’s grantor, thereby, establishing a private road or way necessary to a reasonable enjoyment of the tract; and seven years’ use, open, notorious and adverse, is a bar under our statutes and decisions. Kirby’s Dig., § 623; 14 Cyc. 1166; 49 Am. Dec. 94; 13 Id. 747, note; 98 Mass. 50; 59 N. J. Eq. 46; 33 Atl. 802; 190 Pa. St. 536; 35 Am. Dec. 464, note; 128 Ind. 421; Bishop, Non-Cont. Law, § 872; 47 Ark. 66-72; 79 Ark. 5; 83 Id. 236. This is a case of a simple or voluntary license,…
1Opinion of the CourtHart, J.
J. A. Hardage died intestate, owning the southeast quarter of the southwest quarter and the southwest quarter of the southeast quarter of section 14, township 7 south, range 20 west, in Clark County, Arkansas. In the latter part of 1897 or 1898 J. A. Medlock entered into a contract with the executors of the estate of J. A. Hardage, deceased, to purchase the south half of the first mentioned forty-acre tract. He immediately went into possession of the land, and in two years thereafter finished paying for it. On the 29th day of February, 1904, the executors of said estate executed to him a deed…
2Cases cited1 opinion
- Clay v. PenzelSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Boullioun v. ConstantineSupreme Court of Arkansas · 1932
- McGill v. MillerSupreme Court of Arkansas · 1926
- State ex rel. Thompson v. ParkerSupreme Court of Arkansas · 1917
- State Ex Rel. O'Connor v. SorensonSupreme Court of Iowa · 1937
- Bond v. StantonSupreme Court of Arkansas · 1930
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