Butler v. Hines
Supreme Court of Arkansas
Appeal from Lee Circuit court; Hance N. Hutton, Judge; I. Where land belonging to coterminous proprietors is inclosed, the intention with which the possession was taken and held is controlling, because no title could be gained against the owner by mere possession.
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Appeal from Lee Circuit court; Hance N. Hutton, Judge; I. Where land belonging to coterminous proprietors is inclosed, the intention with which the possession was taken and held is controlling, because no title could be gained against the owner by mere possession. To bar an action for the recovery of land so held, the possession must be actual, open, notorious, hostile and exclusive, and accompanied by an intention to hold adversely to and in derogation of the rights of the true owner. The court should have given instruction 3 requested by appellant. 59 Ark, 626, 628; 80 Ark. 444; Id. 575. 2.…
1Opinion of the CourtHart, J.
This is an action of ejectment brought by Clarence Hines against Jack Butler and J. L. Hughes for the recovery of ten acres of land.
A. S. Lynch testified: “Ed Brown and I were.adjoining land owners, each having 80 acres. In the year 1899 I had a survey run on the east line between me and Brown, and built a fence on the line. At the time it was agreed between Brown and me that this line was the boundary line between us. The strip of land in controversy fell within my line as then established. I built a house on this strip and cultivated it with the rest of my land until my conveyance to the…
2Cases cited6 opinions
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Goodwin v. GaribaldiSupreme Court of Arkansas · 1907
- Russell v. WebbSupreme Court of Arkansas · 1910
- Hudson v. StillwellSupreme Court of Arkansas · 1906
- Payne v. McBrideSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Peebles v. McDonaldSupreme Court of Arkansas · 1945
- Lowe v. CoxSupreme Court of Arkansas · 1946
- Strickland v. StricklandSupreme Court of Arkansas · 1912
- Etcherson v. HamilSupreme Court of Arkansas · 1917
- Dickson v. YoungCourt of Appeals of Arkansas · 2002
10 more not listed; retrieve them via the Exa API.