Hope v. Shiver
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; 1. The complaint alleged title by adverse possession only, and the court’s finding upon an issue not raised by the pleading —that the alley had never been dedicated- — -was error. 13 Ark. 88; lb. 187; 30 Ark. 612; 41 Ark. 393; 46 Ark. 96; 49 Ark. 94; 70 Ark. 319. 2. The burden was upon plaintiff to establish adverse possession. 65 Ark. 422. Possession by permission is presumed to continue until actual notice…
Read the full summary
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; 1. The complaint alleged title by adverse possession only, and the court’s finding upon an issue not raised by the pleading —that the alley had never been dedicated- — -was error. 13 Ark. 88; lb. 187; 30 Ark. 612; 41 Ark. 393; 46 Ark. 96; 49 Ark. 94; 70 Ark. 319. 2. The burden was upon plaintiff to establish adverse possession. 65 Ark. 422. Possession by permission is presumed to continue until actual notice of adverse and hostile holding is brought home to the true owner. 33 Ark. 633; 42 Ark. 118; 43 Ark. 469; lb. 504; 18 Am.…
1Opinion of the CourtRiddick, J.
This is an action by Walter Shiver to enjoin the officers of the incorporated town of Hope from tearing down fences and enclosures and opening up an alley through block No. * four, all of which is owned by plaintiff except two small lots which do not abut on the alley which the town claims extends through the block. The part of the block owned by the plaintiff has with the alley been inclosed by a fence constructed by the plaintiff for over seven years before he commenced this action, and he claims that if any such alley ever existed the town has lost the right to open it by statute of…
2Cited by19 opinions
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Frauenthal v. SlatenSupreme Court of Arkansas · 1909
- Mebane v. City of WynneSupreme Court of Arkansas · 1917
- Paragould v. LawsonSupreme Court of Arkansas · 1908
14 more not listed; retrieve them via the Exa API.