Mills v. Protho
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Appellant Mills is entitled to this island by the statute and by the law of accretion. Kirby’s Digest, § 4918; 53 Ark. 314. 2. He is also entitled to it by seven years adverse possession and payment of taxes, and the decree is against the preponderance of the testimony.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Appellant Mills is entitled to this island by the statute and by the law of accretion. Kirby’s Digest, § 4918; 53 Ark. 314. 2. He is also entitled to it by seven years adverse possession and payment of taxes, and the decree is against the preponderance of the testimony. The evidence is undisputed that the island did form within the original boundaries of Mills’ land; that a large portion of it is within his boundaries and that the whole island now is one compact body as the result of accretions to the island formed within…
1Opinion of the CourtMcCulloch, C. J.
The parties to this litigation are the respective owners of adjoining tracts of land abutting on the north bank of the Arkansas River a short distance east of the City of Little Rock. Each of the tracts form a part of what was originally described as Spanish Grant No. 2431, and the three tracts are now described as lots 1, 2 and 3, respectively, of said Spanish Grant.
Appellee Ed Protho is the owner of lot No. 1, beginning on the east, and appellant Anderson Mills is the owner of lot No. 2, and appellee H. Protho is the owner of lot No. 3. Many years ago the river shifted its course and,…
2Cases cited1 opinion
- Wallace v. DriverSupreme Court of Arkansas · 1896
3Cited by5 opinions
- Kentucky Traction & Terminal Co. v. Roman's GuardianCourt of Appeals of Kentucky (pre-1976) · 1929
- Anderson-Tully Co. v. MurphreeCourt of Appeals for the Eighth Circuit · 1946
- Ward v. HarwoodSupreme Court of Arkansas · 1965
- Jones v. EuperSupreme Court of Arkansas · 1930
- McGee v. MatthewsDistrict Court, E.D. Arkansas · 1965