Hicks v. Fluit
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Hon. Len B. Greer, Circuit Judge. Three years peaceable adverse possession not only takes away the remedy from the original owner, but invests the possessor with the absolute property, so as to enable' him to recover it from the original owner, should he come again into possession.
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Appeal from Columbia Circuit Court. Hon. Len B. Greer, Circuit Judge. Three years peaceable adverse possession not only takes away the remedy from the original owner, but invests the possessor with the absolute property, so as to enable' him to recover it from the original owner, should he come again into possession. Blackburn vs. Morton et al., 18 Ark. 384; Sims vs. Can-field’s Exrs. 2 Ala. n. s. 561; Shelby vs. Guy, 11 Wheat. 361; Brent vs. Chapman, 5 Crunch 358; Newby vs. Blakely, 3 líen, cf-Mun. 57.
1Opinion of the CourtJustice Fairciiird
In the spring of 1853, the defendant bought the horse sued for, from a Missouri horse trader, and in the fall of 1853, turned him out in Louisiana with mules and colts. The latter returned, but the horse did not. But about the time this suit was begun, in March, 1858, the defendant saw the horse grazing on the commons in Magnolia, and took him into possession, and the plaintiff replevied him from the defendant.
During all this interval, from the fall of 1853, to March, 1858, the horse had been held in Columbia county by various persons, they claiming, using and trading him as their own, was…
2Cases cited1 opinion
- Brent v. ChapmanSupreme Court of the United States · 1809
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