Saint Louis Southwestern Railway Co. v. Davis
Supreme Court of Arkansas
Appeal from Columbia Circuit Court in Chancery. Charles W. Smith, Judge. statement by the court. This suit was brought by appellant in the circuit court of Columbia County, August 7, 1897, alleging that it was the owner of a right of way through and across the northwest quarter of the northeast quarter of section 15, township 16 south, range 23 west, fifty feet wide on either side from the center of its track, and that defendant has fenced up a part of said right of way on…
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Appeal from Columbia Circuit Court in Chancery. Charles W. Smith, Judge. statement by the court. This suit was brought by appellant in the circuit court of Columbia County, August 7, 1897, alleging that it was the owner of a right of way through and across the northwest quarter of the northeast quarter of section 15, township 16 south, range 23 west, fifty feet wide on either side from the center of its track, and that defendant has fenced up a part of said right of way on either side by fences parallel with the track, and claimed the same, and refused to give possession thereof. The…
1Opinion of the Court
Wood, J.,
(after stating the facts.) . The appellant does not show any title to the land in controversy by adverse possession. It did not enter upon the land by virtue of any grant from the owner, or under any right of eminent domain. It appears from the answer that the grantors of appellant “previously built the tracks” on the land. But there is nothing to show that the permission of the landowner extended to any portion of the land other than that covered by the track. There does not appear to be any verbal donation of a right of way one hundred feet wide, as there was in the case of Hargis…
2Cases cited1 opinion
- Hargis v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1889
3Cited by3 opinions
- Hines v. SymingtonCourt of Appeals of Maryland · 1921
- Miller v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1949
- Little Rock & Fort Smith Railway Co. v. GreerSupreme Court of Arkansas · 1906