Shirey v. Whitlow
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; L. B. Poindexter, Special Judge; 1. Appellant had the county surveyor to lay off the land he wanted to fence, and has had it fenced, cleared and in cultivation for at least ten years. 59 Ark. 628. The evidence did not justify the giving of instruction 2. It does hot tend to show that appellant claimed or fenced the land through mistake as to its boundaries, or that he intended to hold only to the true boundary line wherever that might be.…
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Appeal from Lawrence Circuit Court; L. B. Poindexter, Special Judge; 1. Appellant had the county surveyor to lay off the land he wanted to fence, and has had it fenced, cleared and in cultivation for at least ten years. 59 Ark. 628. The evidence did not justify the giving of instruction 2. It does hot tend to show that appellant claimed or fenced the land through mistake as to its boundaries, or that he intended to hold only to the true boundary line wherever that might be. 54 Ark. 336; 42 Ark. 58; 16 Ark. 651; 23 Ark. 289; lb. 730; 37 Ark. 593; 74 Ark. 22. , 2. The judgment is void for…
1Opinion of the CourtRiddick, J.
This is an appeal by A. W. Shirey from a judgment rendered against him in favor of J. M. Whitlow for the recovery of two small tracts of land containing only a few acres. These parties own adjoining tracts of land, and the evidence tends to show that some fifteen or twenty years ago Shirey inclosed these parcels of land with othér land owned by him, cleared them and has' cultivated them continuously since under the belief that he was the owner thereof.
Whitlow brought this action against Shirey to recover possession of the land.
When a landowner, acting under a mistake as to the true boundary…
2Cited by46 opinions
- Hart v. SternbergSupreme Court of Arkansas · 1943
- Goodwin v. GaribaldiSupreme Court of Arkansas · 1907
- Cahill v. MorrowSupreme Court of Rhode Island · 2011
- Terral v. BrooksSupreme Court of Arkansas · 1937
- Britt v. BerrySupreme Court of Arkansas · 1918
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