Dickinson v. Arkansas City Improvement Co.
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Marcus L. Hawkins, Chancellor; statement by the .court. In 1881 John D. Adams, Mrs. M. L. Dickinson, wife of J. W. Dickinson, and Mrs. M. W. Lewis, wife of E. C. Lewis, owned, as tenants in common, a large body of land situated near the corporate limits of the town of Arkansas City. Mrs. Dickinson also owned separately an adjoining tract containing 80 acres.
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Appeal from Desha Chancery Court; Marcus L. Hawkins, Chancellor; statement by the .court. In 1881 John D. Adams, Mrs. M. L. Dickinson, wife of J. W. Dickinson, and Mrs. M. W. Lewis, wife of E. C. Lewis, owned, as tenants in common, a large body of land situated near the corporate limits of the town of Arkansas City. Mrs. Dickinson also owned separately an adjoining tract containing 80 acres. Anticipating a rapid growth of the town so as to encompass the land, the parties named laid off the said land into blocks and lots with streets, avenues and alleys intervening, and platted them as an…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) Upon the threshold of the case here, appellants present the question that the cause of action stated in the complaint, and the relief prayed for, are not within the jurisdiction of a court of equity, and that for that reason the complaint should have been dismissed. Conceding that, the complaint stated no grounds for the exercise of equity jurisdiction, the cross-complaint of the defendants, in seeking to restrain the plaintiff from obstructing the streets and alleys upon which the lots and blocks owned by defendants abutted, stated a cause of action…
2Cases cited29 opinions
- Banks v. OgdenSupreme Court of the United States · 1865
- People v. . UnderhillNew York Court of Appeals · 1895
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
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3Cited by53 opinions
- Adams v. RowlesTexas Supreme Court · 1950
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Griffith v. AllisonTexas Supreme Court · 1936
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Cotton v. WhiteSupreme Court of Arkansas · 1917
48 more not listed; retrieve them via the Exa API.