Ozark & Cherokee Central Railway Co. v. Ferguson
Supreme Court of Arkansas
Appeal from Washington Chancery Court; T. Haden Humphreys, Chancellor; A suit cannot be maintained upon a title obtained during the pendency thereof. 17 Ark. 443 ; 21 Ark. 186. A meritorious suit cannot be maintained after three years, even by 'one who owned the lands at the time they were appropriated.
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Appeal from Washington Chancery Court; T. Haden Humphreys, Chancellor; A suit cannot be maintained upon a title obtained during the pendency thereof. 17 Ark. 443 ; 21 Ark. 186. A meritorious suit cannot be maintained after three years, even by 'one who owned the lands at the time they were appropriated. Kirby’s Dig. § § 2093 and 5064. An indorsement upon a note is not a covenant running with the land. 71 Ark. 289; 77 Ark. 168. The contract of indorsement on the note having been incorporated in and taken up by a subsequent contract, plaintiff cannot recover thereon. 141 U. S. 510; 24 Ark. 210;…
1Opinion of the CourtHart, J.
The plaintiff, James A. Ferguson, instituted this action for damages, as provided by the statute, against the Ozark & Cherokee Central Railway Company and St. Louis & San Francisco Railroad Company, alleging that said railroad companies had wrongfully appropriated for their use for railroad purposes certain of his lands in Washington County, Arkansas.
The railroad companies filed separate answers, in which they admitted that the Ozark & Cherokee Central Railway Company had entered upon the lands described in plaintiff’s complaint and constructed its line of railroad over the same. The…
2Cited by8 opinions
- Cook v. CaveSupreme Court of Arkansas · 1924
- Murray v. MillerSupreme Court of Arkansas · 1914
- Elkins v. AlicevilleSupreme Court of Arkansas · 1926
- Weaver v. Emerson-Brantingham Implement Co.Supreme Court of Arkansas · 1920
- Morris v. Southwestern Supply Co.Supreme Court of Arkansas · 1918
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