Broad v. Beatty
Supreme Court of Arkansas
Appeal from Carroll Chancery Court, Western District. John N. Tieeman, Judge. The findings of a chancellor upon disputed facts will be sustained only when supported by a preponderance of evidence. 41 Ark. 292; 42 Ark. 246; 42 Ark. 521; 43 Ark. 308; 44 Ark. 216; 50 Ark. 358; 55 Ark. 112; 34 Ark. 212. Appellee must show, before he can enjoin an encroachment upon public grounds, that he is an abutter on such public grounds. 50 Ark. 466; 156 Mo. 344; 153 Mo. 560; 65 Barb. 460;…
Read the full summary
Appeal from Carroll Chancery Court, Western District. John N. Tieeman, Judge. The findings of a chancellor upon disputed facts will be sustained only when supported by a preponderance of evidence. 41 Ark. 292; 42 Ark. 246; 42 Ark. 521; 43 Ark. 308; 44 Ark. 216; 50 Ark. 358; 55 Ark. 112; 34 Ark. 212. Appellee must show, before he can enjoin an encroachment upon public grounds, that he is an abutter on such public grounds. 50 Ark. 466; 156 Mo. 344; 153 Mo. 560; 65 Barb. 460; 31 N. Y. 289; 14 Q. B. 849; 35 Pa. St. 75. As to definition of “abutter,” see: 1 Cyc. 220; Bouv. D. Diet; 1 Am. & Eng.…
1Opinion of the CourtMcCueeoch, J.
W. E. Beatty and W. A. Broad, plaintiff and defendant, respectively, below, are adjoining owners of property in the city of Eureka Springs abutting on a public reservation known as “Basin Spring -Circle,” a circular area hav-.ing a radius of 100 feet with the Basin Spring at the center. Spring street intersects the circle on the east side, and Broad's property abuts on the west side of that street where it intersects the circle on the south, and Beatty’s property lies west of Broad’s. Beatty has on his lot a building known as the “Southern Hotel,” erected many years ago and-still used as a…
2Cases cited4 opinions
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Wilson v. HunterSupreme Court of Arkansas · 1894
- Shorman v. EakinSupreme Court of Arkansas · 1886
- Dupas v. WassellU.S. Circuit Court for the District of Eastern Arkansas · 1870
3Cited by2 opinions
- Miller v. FitzgeraldSupreme Court of Arkansas · 1925
- Cook v. LanghorneSupreme Court of Arkansas · 1951