Greeson v. Cannon
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; The land sued for was never the plaintiff’s; it was in section 3; it was never described with accuracy; and no one can tell where it is from any evidence introduced. The statute of limitation must be based upon open, notorious, hostile possession and an honest claim of title against the world, and the court erred in not giving defendant’s instructions.
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Appeal from Garland Circuit Court; Scott Wood, Judge; The land sued for was never the plaintiff’s; it was in section 3; it was never described with accuracy; and no one can tell where it is from any evidence introduced. The statute of limitation must be based upon open, notorious, hostile possession and an honest claim of title against the world, and the court erred in not giving defendant’s instructions. Blashfield Inst, to Juries, pp. •1328 and 1324. Plaintiffs were allowed to introduce the chancery decree, but defendant was not allowed to introduce the evidence of Baker, the surveyor,…
1Opinion of the CourtWood, J.
The appellees instituted this action against the appellant in the Garland Circuit Court. They alleged that for more than thirty years their ancestor, J. J. Teague, had had title to the NE. ^4 of section • 10, township 3 south, range 20 west, and more than thirty years ago he constructed a fence along what was conceded by the owner of lamds adjoining on the north to be the north line of said tract; that the fence-was kept up and so recognized as the north boundary line of the land until the death of J. J. Teague about the year 1907; that after the death of J. J. Teague the fence remained in…
2Cases cited2 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Merchants & Farmers Bank v. HarrisSupreme Court of Arkansas · 1914
3Cited by5 opinions
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- Morgan v. RobertsonCourt of Appeals of Arkansas · 1980
- Tittle v. City of ConwayCourt of Appeals of Arkansas · 1980
- Kimrey v. BoothSupreme Court of Arkansas · 1985