Dorado v. Ritchie Grocery Co.
Supreme Court of Arkansas
Appeal from Union Chancery Court; Rmon 0. Mahoney, Chancellor; On the question of acquiring title by adverse possession against the city after the dedication to’ it, this case is controlled by 58 Ark. 142. See also^ 42 Ark. 118. One who is in the enjoyment of an easement can not plead the statute of limitations by adverse possession against another who holds under an easement not inconsistent with the right of the claimant. 54 Ark. 608. 58 Ark. 142, relied on by appellant,…
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Appeal from Union Chancery Court; Rmon 0. Mahoney, Chancellor; On the question of acquiring title by adverse possession against the city after the dedication to’ it, this case is controlled by 58 Ark. 142. See also^ 42 Ark. 118. One who is in the enjoyment of an easement can not plead the statute of limitations by adverse possession against another who holds under an easement not inconsistent with the right of the claimant. 54 Ark. 608. 58 Ark. 142, relied on by appellant, is not in point. Wright’s possession in that case was consistent with the right of the city, and there was no act on his…
1Opinion of the CourtBattee, J.
The property in controversy in this suit is a certain strip of land, sixty feet wide, in the incorporated town of El Dorado, in this State, and is claimed by that town as a street. On the 13th day of April, 1892, C. W. Smith, T. J. Moore and his wife, S. E. Moore, being the owners thereof, donated it to the incorporated town of El Dorado for street purposes. A condition of this donation was as follows: “This property was dedicated to the town on condition solely that it was to be surveyed, laid out as streets, opened and put in good condition, as streets, and kept up and worked as such; and…
2Cases cited4 opinions
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Graham v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Helena v. HornorSupreme Court of Arkansas · 1893
- Little Rock v. WrightSupreme Court of Arkansas · 1893
3Cited by8 opinions
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
- Sims v. CraigSupreme Court of Arkansas · 1926
- Jensen v. Fordyce Bath HouseSupreme Court of Arkansas · 1945
- Morgan v. McCuinSupreme Court of Arkansas · 1910
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