Britt v. Berry
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The testimony shows that appellant has -had more than seven years adverse possession of the strip 'and has title thereby. 100 Ark. 556; 101 Id. 409; 80 Id. 445. The judgment is unsupported by the testimony. 98 Ark. 46Í. 1. Equity having* properly taken jurisdiction, it was competent to adjudicate all the issues, legal and equitable. 84 Ark. 145. 2. Mrs. Marguth’s testimony was competent.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The testimony shows that appellant has -had more than seven years adverse possession of the strip 'and has title thereby. 100 Ark. 556; 101 Id. 409; 80 Id. 445. The judgment is unsupported by the testimony. 98 Ark. 46Í. 1. Equity having* properly taken jurisdiction, it was competent to adjudicate all the issues, legal and equitable. 84 Ark. 145. 2. Mrs. Marguth’s testimony was competent. Kirby’s Digest, § 3093; 37 Ark. 200; 122 Id. 227; 77 Id. 309; 87 Id. 496; 101 Id. 409; 114 Id. 384. 3. Plaintiff’s husband enjoyed only…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) The decree of the chancellor was correct. The declarations of James Britt to Mrs. Marguth were made while he was in possession of the land and were admissible for the purpose of showing the intention with which he was occupying the land. This was not a suit against the executor or .'administrator of the estate of James Britt, deceased. Hence the objection that the testimony of Mrs. Marguth was incompetent as relating to transactions with the deceased James Britt is without merit. Williams v. Prioleau, 123 Ark 161.(2) According to the testimony of Mrs.…
2Cases cited3 opinions
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
- Gee v. HatleySupreme Court of Arkansas · 1914
- Chicot Lumber Co. v. DardellSupreme Court of Arkansas · 1907
3Cited by19 opinions
- Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
- Terral v. BrooksSupreme Court of Arkansas · 1937
- Dial v. ArmstrongSupreme Court of Arkansas · 1938
- Gibbs v. PaceSupreme Court of Arkansas · 1944
- Bailey v. MartinSupreme Court of Arkansas · 1951
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