Peeples v. Aydelott
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; 1. The cross-complaint was not responsive to the complaint; did not plead matters germane thereto and presented no defense; nor did it ask any equitable relief. It was simply a complaint in ejectment.
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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; 1. The cross-complaint was not responsive to the complaint; did not plead matters germane thereto and presented no defense; nor did it ask any equitable relief. It was simply a complaint in ejectment. The demurrer was waived. 98 Ark. 553; 90 Id. 117; 95 Id. 405; 27 Id. 235. • The question cannot be raised here for the first time. 79 Ark. 499,; 74 Id. 102; 57 Id. 589; 52 Id. 411; 23 Id. 746. 2. The evidence shows appellant owned the land in 1906. There has been no adverse holding. But she is a jeme covert and the statutes of…
1Opinion of the CourtMcCulloch, C. J.
Appellee, A. L. Aydelott, instituted this suit against appellant, alleging that appellant was the owner of a certain tract of land; that the C. R. I. & P. Railway runs diagonally across the southeast corner of the land, the right of way of the railroad being 100 feet wide on each side of the track; that the railroad had a freight depot, cotton platform and other buildings on its right of way north of the track; that appellee has erected and maintains on the north side of the railroad track a seed house and cotton gin; that the storehouse of appellee is situated in the town of Biseoe, east and…
2Cited by2 opinions
- Merritt Mercantile Company v. NelmsSupreme Court of Arkansas · 1925
- Sullivant v. ClementsSupreme Court of Arkansas · 1930