Turquett v. McMurrain
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jeff- T. Cowlmg, Judge; STATEMENT BY THE COURT. This is a suit in ejectment by appellant against the appellee for a strip of land about seventy-five feet wide at one end, and about forty-five feet wide at the other end, along the section line between sections 34, in township 9 south, range 27 west, and section 3, in township 10 south, range 27 west, also the township line running east and west between said sections.
Read the full summary
Appeal from Howard Circuit Court; Jeff- T. Cowlmg, Judge; STATEMENT BY THE COURT. This is a suit in ejectment by appellant against the appellee for a strip of land about seventy-five feet wide at one end, and about forty-five feet wide at the other end, along the section line between sections 34, in township 9 south, range 27 west, and section 3, in township 10 south, range 27 west, also the township line running east and west between said sections. The complaint alleged that appellant was the owner of the southwest quarter of the southwest quarter of section 34, township 9 south,.range 27…
1Opinion of the Court
Wood, J.,
(after stating the facts). One of the issues presented by the pleadings was as to whether or not appellant and appellee had agreed upon a boundary line between their adjoining lands. The court correctly presented this issue in instruction No. 2, given at the instance of the appellant. This instruction was in accord with the rule announced in Payne v. McBride, 96 Ark. 168. But, in instructions given at the instance of appellee, the court made the appellant’s right of recovery depend solely upon whether or not he had occupied the land by adverse possession for seven years, intending to…
2Cases cited1 opinion
- Payne v. McBrideSupreme Court of Arkansas · 1910
3Cited by5 opinions
- Board of Public Instruction v. Boehm, Et Ux.Supreme Court of Florida · 1939
- Dermott v. StinsonSupreme Court of Arkansas · 1920
- Western Union Telegraph Co. v. BaltzSupreme Court of Arkansas · 1927
- Dickinson v. StephensonSupreme Court of Arkansas · 1952
- Edgar Lumber Co. v. DentonSupreme Court of Arkansas · 1922