Fry v. Grismore-Hyman Co.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District ; B. E. Dudley, Judge; The court should have given the peremptory instruction (No. 1) requested by appellant. 132 Ark. 455. Also erred in modifying and giving as modified her requested instruction No. 2. The peremptory instruction was properly d.enied, as there is no evidence to show that the possession of appellant was hostile to the appellee’s title. 1 E. C. L. p. 686; 47 Ark. 66; 48 Ark. 312; 30 Ark. 640; 65 Ark.…
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Appeal from Mississippi Circuit Court, Osceola District ; B. E. Dudley, Judge; The court should have given the peremptory instruction (No. 1) requested by appellant. 132 Ark. 455. Also erred in modifying and giving as modified her requested instruction No. 2. The peremptory instruction was properly d.enied, as there is no evidence to show that the possession of appellant was hostile to the appellee’s title. 1 E. C. L. p. 686; 47 Ark. 66; 48 Ark. 312; 30 Ark. 640; 65 Ark. 422; 87 Ark. 496; 97 Ark. 33; 132 Ark. 455. The evidence adduced made the matter a jury question. 24 Ark. 224; 70 Ark. 385;…
1Opinion of the CourtMcCulloch, C. J.
This is an action at law instituted by appellee, a corporation, against appellant to recover possession of a small tract of land described as 7.42 acres, situated in the form of a square in the northwest corner of the N. W. quarter of the N. W. quarter of section 1, township 12 north, range 8 east, in Mississippi County. Appellee deraigned title from the United States, and exhibited with the .complaint conveyances establishing a perfect record title. The testimony in the case made out a clear record title in appellee. Appellant claimed title solely by adverse possession for a period of more…
2Cited by6 opinions
- Dial v. ArmstrongSupreme Court of Arkansas · 1938
- Harper v. HannibalSupreme Court of Arkansas · 1966
- Mikel v. Development Co.Supreme Court of Arkansas · 1980
- Still v. StillSupreme Court of Arkansas · 1965
- Arkansas Real Estate Co., Inc. v. KeatonSupreme Court of Arkansas · 1949
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