St. Louis, Iron Mountain & Southern Railway Co. v. Moore
Supreme Court of Arkansas
Appeal from White Chancery Court; Jesse C. Hart, Chancellor; Under the agreed statement of facts there was no adverse possession by appellee.
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Appeal from White Chancery Court; Jesse C. Hart, Chancellor; Under the agreed statement of facts there was no adverse possession by appellee. There can be no constructive adverse possession of land without actual possession of some part of it; and again, where different parties own two adjoining tracts of land, and a third party comes into possession of the land of one under a deed purporting to convey the land of both, his actual possession of the one tract is not constructive possession of the other. 73 Ark. 344. See also 67 Miss. 761; 2 L. R. A. 277; 18 Ore. 126; 5 Pet. 354; 60 N. Y. St.…
1Opinion of the CourtRiddick, J.
This action was brought by the St. Louis, Iron Mountain & Southern Railway Company to quiet its title to the following 40-acre tract of land towit: the S. W. of N. W. % of sec. 13 T. 7 N., R. 7 west, lying in White County, Arkansas.
The defendant appeared, and denied title of plaintiff, and set up adverse possession for more than seven years. The evidence showed that the railway company held a patent from the United States conveying to the company the land in controversy.
The agreed statement of facts shows that one William' Old-died in 1879 in possession of an improvement on land in section 13…
2Cited by6 opinions
- Gracy v. FieldingSupreme Court of Florida · 1916
- Carter v. StewartSupreme Court of Arkansas · 1921
- Bailey v. MartinSupreme Court of Arkansas · 1951
- Arnold v. Chas. T. Abeles & Co.Supreme Court of Arkansas · 1911
- Sessions v. Tensas River Planting Co.Supreme Court of Louisiana · 1917
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