Payne v. McBride
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District; Hugh Basham, Judge; 1. Where there is a shortage or deficiency between two established government corners, it should be apportioned to each subdivision lying between such established corners, and not placed wholly on the lot or subdivision lying on the west line of the section. Rev. Stat. U. S. § 2396; Tiedeman on Real Prop.
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Appeal from Yell Circuit Court, Danville District; Hugh Basham, Judge; 1. Where there is a shortage or deficiency between two established government corners, it should be apportioned to each subdivision lying between such established corners, and not placed wholly on the lot or subdivision lying on the west line of the section. Rev. Stat. U. S. § 2396; Tiedeman on Real Prop. (3 ed.), § 596; 19 Wis. 452; 2 la. 153; 67 111. 306; 31 la. 488; 44 Kan. 354; 137 Ind. 319; 48 Wis. 75; 92 N. W. 1013. 2. The statute of limitations does not apply in this case. It is conclusively shown that appellee held…
1Opinion of the CourtHart, J.
This is a suit in ejectment brought by J. O. Payne against A. H. McBride. The complaint alleges that Payne is the owner in fee and entitled to the possession of the northwest quarter of southwest quarter and southwest quarter of northwest quarter of section 6, in township 5 north, range 23 west, situated in Yell County, Arkansas, and that A. H. McBride is in the unlawful possession of a strip of said lands on the east side thereof extending the full length thereof.
McBride answered, setting up that he was owner in fee and in the possession of the southeast quarter of northwest quarter and the…
2Cases cited4 opinions
- Deidrich v. SimmonsSupreme Court of Arkansas · 1905
- Kitchen v. ChantlandSupreme Court of Iowa · 1905
- Cox v. DaughertySupreme Court of Arkansas · 1896
- Sherman v. KingSupreme Court of Arkansas · 1903
3Cited by22 opinions
- Robinson v. GaylordSupreme Court of Arkansas · 1930
- Taylor v. RudySupreme Court of Arkansas · 1911
- Butler v. HinesSupreme Court of Arkansas · 1912
- Peebles v. McDonaldSupreme Court of Arkansas · 1945
- Sherrin v. CoffmanSupreme Court of Arkansas · 1920
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