Beardsley v. Nashville
Supreme Court of Arkansas
Appeal from Howard Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. The appellant, Beardsley, was the owner of town lot No. 24 in block 23 in the town of Nashville, Ark. The town council of the incorporated town of Nashville directed certain persons in its employ to build a house upon the alley on which this lot of appellant abutted, and opposite this lot, for the purpose of keeping therein its fire engine and attachments.
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Appeal from Howard Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. The appellant, Beardsley, was the owner of town lot No. 24 in block 23 in the town of Nashville, Ark. The town council of the incorporated town of Nashville directed certain persons in its employ to build a house upon the alley on which this lot of appellant abutted, and opposite this lot, for the purpose of keeping therein its fire engine and attachments. The house was erected, and stood several years, when it was removed. Shortly after the house was removed, this action was brought by appellant against the town…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) We are of the opinion that the judgment should be reversed, for the reason that the evidence conclusively shows that plaintiff was entitled to recover, in any event, some small amount for the use and occupation of his lot. The court, we think, also erred in permitting the deed from Beardsley to Skillern to be read as evidence to the jury. This deed described lots 1 and 2, block 23, conveyed to Skillern, as running from Main street west-142 feet to an alley. The lots were in fact only 134 feet long, and the intention of the parties to this deed clearly…
2Cited by5 opinions
- Bowman v. StateSupreme Court of Arkansas · 1909
- Desha v. ErwinSupreme Court of Arkansas · 1925
- City of Ft. Smith v. MikelSupreme Court of Arkansas · 1960
- Watson v. ArthurSupreme Court of Arkansas · 1920
- Cleveland Co-Op. Stove Co. v. Cleveland & P. Ry.Cuyahoga Circuit Court · 1912