Crow v. Roane
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M, Carter, Judge; The court will take judicial notice of navigable streams, county boundaries, etc; 34 Ark. 224; 68 Ark. 462. Where a river is the dividing line between two States or counties, a cutoff, even where the river makes a new channel, will not 'have the effect of giving the land to the State or county on whose side it is thrown by reason of the cut off. 196 U. S. 23, 49 E. Ed. 372; 143 U. S. 359, 36 E. Ed. 186; 6 E. R. A. (U.…
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Appeal from Miller Circuit Court; Jacob M, Carter, Judge; The court will take judicial notice of navigable streams, county boundaries, etc; 34 Ark. 224; 68 Ark. 462. Where a river is the dividing line between two States or counties, a cutoff, even where the river makes a new channel, will not 'have the effect of giving the land to the State or county on whose side it is thrown by reason of the cut off. 196 U. S. 23, 49 E. Ed. 372; 143 U. S. 359, 36 E. Ed. 186; 6 E. R. A. (U. S.) 162. The acts of 1827, creating Eafayette County, of 1867, creating Eittle River County, and of 1874, creating…
1Opinion of the CourtMcCulloch, J.
Appellant instituted against appellee in the circuit court of Miller County a statutory action of unlawful detainer, the subject-matter of the action being certain land alleged to be situated in Miller County. Appellant filed a supplemental pleading, which is treated as an amendment to the complaint, alleging that prior to the year 1866 the lands were situated south of 'Red River according to the map of the Government survey, and that during said year the river made a sudden change by cutoff or avulsion whereby the said lands were left- on the north side of the river, and that such continues…
2Cases cited2 opinions
- Waters v. PoolCalifornia Supreme Court · 1900
- Cox v. StateSupreme Court of Arkansas · 1900
3Cited by4 opinions
- Pruitt v. Sebastian County Coal & Mining Co.Supreme Court of Arkansas · 1949
- Parish of Caddo v. Parish of BossierSupreme Court of Louisiana · 1927
- Kimble v. WilleyDistrict Court, E.D. Arkansas · 1951
- McCall v. North Pine Bluff Realty Co.Supreme Court of Arkansas · 1916