O'Neal v. Ross
Supreme Court of Arkansas
Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. George W. O’Neal instituted an action of ejectment in the Boone Circuit Court against John C. Ross.
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Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. George W. O’Neal instituted an action of ejectment in the Boone Circuit Court against John C. Ross. The complaint alleges that he is the owner of lot 12 and the east half of lot 13 in block 10 in the town of Harrison, as originally platted, and that the defendant, Ross, is in the unlawful possession of a strip of land on the north side thereof five feet three inches wide at the east end, and four feet wide at the west end. The defendant, Ross, answered and denied that plaintiff had title to said strip of…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Goodwin v. Garibaldi, 83 Ark. 74, the court, speaking through Mr. Justice Riddick, said:
“When a land owner, through mistake as to his boundary line, takes possession of land of an adjacent owner, intending to claim only to the true boundary, such possession is not adverse, and, though continued for the statutory period, does not divest title; but when he takes possession of the land under the belief that he owns it, incloses it and holds it continuously for the statutory period under claim of ownership without any recognition of the possible…
2Cases cited3 opinions
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Goodwin v. GaribaldiSupreme Court of Arkansas · 1907
- Wilson v. HunterSupreme Court of Arkansas · 1894
3Cited by14 opinions
- Robinson v. GaylordSupreme Court of Arkansas · 1930
- Butler v. HinesSupreme Court of Arkansas · 1912
- Peebles v. McDonaldSupreme Court of Arkansas · 1945
- Lupton v. LuptonSupreme Court of Arkansas · 1946
- Blackburn v. CoffeeSupreme Court of Arkansas · 1920
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