Legal Opinion

Love v. Cowger

Supreme Court of Arkansas

Decided October 8, 1917PublishedCited by 5 opinions

Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The court erred in continuing the cause. . 2. Illegal evidence was admitted, copies of unau-thénticated maps. Kirby & Castle’s Digest, § § 3369, 3376. 3. The verdict is directly in the teeth of the evidence. 4. The court erred in its instruction as to the burden of proof.

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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The court erred in continuing the cause. . 2. Illegal evidence was admitted, copies of unau-thénticated maps. Kirby & Castle’s Digest, § § 3369, 3376. 3. The verdict is directly in the teeth of the evidence. 4. The court erred in its instruction as to the burden of proof. Kirby & Castle’s Digest, § § 3418, 3447. 5. Argue other points not decided by the court nor mentioned in the opinion. 1. No proper bill of exceptions has been filed and all the evidence is not set forth in this abstract. No exceptions were saved to…

1Opinion of the CourtHumphreys, J.

On August 4, 1915, appellee brought ejectment against appellant in the Dardanelle District of Yell Circuit Court to recover a strip of land 65 links wide across the north side of the N. % of the N. W. Sec. 4, T, 5 N., R. 19 W., alleging that she owned the strip of land and that appellant was in the wrongful possession thereof and had collected rent thereon without right for three years next before the commencement of the action.

Appellant answered denying the material allegations of the complaint, and by way of further defense, claimed title by limitation.

The cause was heard by a jury upon the…

2Cases cited4 opinions

  1. Brown v. BocquinSupreme Court of Arkansas · 1892
  2. McConnell v. DaySupreme Court of Arkansas · 1896
  3. St. Louis, Iron Mountain & Southern Railway Co. v. BerrySupreme Court of Arkansas · 1908
  4. Calhoun v. MooreSupreme Court of Arkansas · 1906

3Cited by5 opinions

  1. Dierks Lumber & Coal Co. v. VaughnDistrict Court, E.D. Arkansas · 1954
  2. Van Hoozer v. HendricksSupreme Court of Arkansas · 1920
  3. Crouch v. Gilbert.Supreme Court of Arkansas · 1946
  4. Burns v. OwenSupreme Court of Arkansas · 1962
  5. Staples v. FreemanSupreme Court of Arkansas · 1918

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