Legal Opinion

Covington v. Berry

Supreme Court of Arkansas

Decided July 29, 1905PublishedCited by 11 opinions

Appeal from Lee Circuit Court; Hance N. Hutton, Judge; statement by the court. Ed Berry brought an action of ejectment against Lucy Covington to recover six and one-half acres of land in St. Francis County. This land was a part of the east half of the southeast quarter-, of section 30, township 5 north, range -4 east, that was east of the St. Francis River. The Choctaw' Railroad crosses this tract, and the six and one-half acres in controversy lay north of the railroad.

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Appeal from Lee Circuit Court; Hance N. Hutton, Judge; statement by the court. Ed Berry brought an action of ejectment against Lucy Covington to recover six and one-half acres of land in St. Francis County. This land was a part of the east half of the southeast quarter-, of section 30, township 5 north, range -4 east, that was east of the St. Francis River. The Choctaw' Railroad crosses this tract, and the six and one-half acres in controversy lay north of the railroad. The plaintiff claimed to be the owner of that part of the east one-half of the southeast quarter of section 30 that lay east…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is an appeal by the defendant from a judgment rendered against' her in an action of ejectment for the recovery of six and one-half acres of land. There had been prior a action for the same land, which was commenced on the 22nd of August, 1898, and in which a nonsuit was taken in March, 1900. Afterwards the present action was begun on the 25th of August, 1900. In the first action plaintiff relied on a conveyance from Brinkley to McMurray, and one from the heir of McMurray to plaintiff. After the commencement of the first action plaintiff procured…

2Cases cited6 opinions

  1. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  2. Lessee of Sicard v. DavisSupreme Court of the United States · 1832
  3. Ballard v. HunterSupreme Court of Arkansas · 1905
  4. Rhodes v. CovingtonSupreme Court of Arkansas · 1901
  5. Schattler v. CassinelliSupreme Court of Arkansas · 1892

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

3Cited by11 opinions

  1. Cotton v. WhiteSupreme Court of Arkansas · 1917
  2. Gannon v. MooreSupreme Court of Arkansas · 1907
  3. Gouaux v. BeaullieuSupreme Court of Louisiana · 1909
  4. American Portland Cement Co. v. Certain LandsSupreme Court of Arkansas · 1929
  5. Northern Improvement Dist. of Ark. v. SimmermanSupreme Court of Arkansas · 1934

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

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