Dobbs v. Town of Gillett
Supreme Court of Arkansas
Appeal from Arkansas 'Chancery Conrt; John M. Elliott, Chancellor; 1. The only ditch involved in this case is the “new ditch, ” as it is called. ¡Since this snit was filed, Dohbs has acquired title to the land on which the “old ditch” was constructed. The decree takes away from him lands which belong to Mm without any 'Compensation. The error is prejudicial. 103 Ark. 312-315. No condemnation proceedings were ever instituted.
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Appeal from Arkansas 'Chancery Conrt; John M. Elliott, Chancellor; 1. The only ditch involved in this case is the “new ditch, ” as it is called. ¡Since this snit was filed, Dohbs has acquired title to the land on which the “old ditch” was constructed. The decree takes away from him lands which belong to Mm without any 'Compensation. The error is prejudicial. 103 Ark. 312-315. No condemnation proceedings were ever instituted. Dobbs’ title is complete, but, if not, Ms actual possession under an enclosure is notice to the world of an equitable title. 33 Ark. 119; 41 Id. 169; 91 Ya. 397; 39 Neb.…
1Opinion of the Court
(McCulloch, O. J.
The plaintiff, W. W. Dobbs, and others, are the owners of real property in the incorporated town of Gillett, and instituted this action against the municipality to restrain the latter in maintaining a ditch constructed across lands claimed to be owned by plaintiff Dobbs, Dobbs seeks relief on the ground that the ditch was constructed over his lands, but the ground for relief asserted by the other plaintiffs is that the water is diverted through tMs ditch from its natural drain-way and cast upon Park Avenue, one of the streets of the town, wMch is thus overflowed on to the…
2Cases cited1 opinion
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
3Cited by6 opinions
- Chamberlain v. Newton CountySupreme Court of Arkansas · 1979
- Naill v. KirbySupreme Court of Arkansas · 1924
- Weathers v. City of SpringdaleSupreme Court of Arkansas · 1965
- DeSalvo v. Arkansas Louisiana Gas Co.District Court, E.D. Arkansas · 1965
- Robinson v. PringleSupreme Court of Arkansas · 1938
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