Guaranty Loan & Trust Co. v. Helena Improvement District
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jades on, Judge; 1. The court erred in dismissing the action. There is nothing indefinite or uncertain as to the meaning of the deed known as Exhibit A, and it clearly shows on its face that the clause relied on by appellee applies only to the ground that was taken or being taken at the time of its execution, which was on November 30, 1898, and that it did not grant or undertake to grant or reserve for the benefit of any one…
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Appeal from Phillips Circuit Court; J. M. Jades on, Judge; 1. The court erred in dismissing the action. There is nothing indefinite or uncertain as to the meaning of the deed known as Exhibit A, and it clearly shows on its face that the clause relied on by appellee applies only to the ground that was taken or being taken at the time of its execution, which was on November 30, 1898, and that it did not grant or undertake to grant or reserve for the benefit of any one whomsoever any future right to impair the integrity of the lots by taking or appropriating additional parts thereof. The words…
1Opinion of the CourtMcCulloch, C. J.
Appellee, Helena Improvement District, is an improvement district created by a special statute enacted by the General Assembly.of the year 1897 for the purpose of constructing a levee to protect property in and near the city of Helena. Later, other statutes were passed enlarging the powers of the district, but those statutes have no bearing on the present controversy, which is an action instituted by appellee against appellant to condemn a right-of-way across certain lots owned by appellee in the city-of Helena for the purpose of “enlarging and strengthening the levee now surrounding said…
2Cases cited2 opinions
- Beardslee v. New Berlin Light & Power Co.New York Court of Appeals · 1912
- Young v. Red Fork Levee DistrictSupreme Court of Arkansas · 1916
3Cited by8 opinions
- Brazos River Conservation & Reclamation District v. AllenTexas Supreme Court · 1943
- Rye v. BaumannSupreme Court of Arkansas · 1959
- Johnson v. Climax Molybdenum Co.Supreme Court of Colorado · 1942
- Board of Directors St. Francis Levee District v. Home Life & Accident Co.Supreme Court of Arkansas · 1928
- Heidenreich v. Second Judicial District CourtNevada Supreme Court · 1960
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