Missouri & North Arkansas Railroad v. Chapman
Supreme Court of Arkansas
Appeal from White Circuit Court, J. M. Jackson, Judge; STATEMENT OE EAOTS. Appellees filed their suit in the circuit court against appellant to recover damages for the appropriation of a part of their land for a railroad right-of-way. Mrs. R. D. Chapman owned block 34, in the town of Kensett, White County, Ark. Mrs. Chapman died on February 22, 1904, while living on the block above referred to with her family.
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Appeal from White Circuit Court, J. M. Jackson, Judge; STATEMENT OE EAOTS. Appellees filed their suit in the circuit court against appellant to recover damages for the appropriation of a part of their land for a railroad right-of-way. Mrs. R. D. Chapman owned block 34, in the town of Kensett, White County, Ark. Mrs. Chapman died on February 22, 1904, while living on the block above referred to with her family. At the time of her death she was survived by her husband, J. H. Chapman, and appellees, who were their children and sole heirs at law. Two of the children, viz: Charles Chapman and…
1Opinion of the CourtHart, J.
(after stating the facts). Appellant filed a plea of the statute of limitations, and claims that Charles Chapman and William Chapman, who were adults at the time their father executed the right-of-way deed and the railroad company took possession of the land for a right-of-way, are barred by the seven-year statute of limitations. The railway company entered into possession of the land under its right-of-way deed in 1908, and the present suit was not filed until in December, 1919.
See. 3930 of Crawford & Moses’ Digest provides that whenever any corporation, authorized by law to appropriate…
2Cases cited4 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
- Bentonville R. R. v. BakerSupreme Court of Arkansas · 1885
- McKennon v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
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- Sebastian Lake Development, Inc. v. United Tel. Co.Supreme Court of Arkansas · 1966
- DeBoer v. Entergy Arkansas, Inc.Court of Appeals of Arkansas · 2003
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