Board of Directors of St. Francis Levee District v. Bowen
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; Allen Hughes, Judge; Contracts are to be construed most strongly against the obligor. 4 Ark. 199. The deed is plain, and explicitly grants the land for the purpose of constructing and maintaining any and all levees that may be built thereupon as a protection against overflows.
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Appeal from Mississippi Circuit Court, Osceola District; Allen Hughes, Judge; Contracts are to be construed most strongly against the obligor. 4 Ark. 199. The deed is plain, and explicitly grants the land for the purpose of constructing and maintaining any and all levees that may be built thereupon as a protection against overflows. The surroundings and circumstances under which the deed was executed are admissible, and should be considered in construing its meaning. 65 Ark. 18; 52 Ark. 95 ; 46 Ark. 122. The deed conveys only one right of way, * * * “for the purpose of constructing and…
1Opinion of the CourtRiddick, J.
This was an action to recover .damages on account of the construction of a levee by the defendant across the farm of plaintiff and the taking of land for a right of way therefor. While the damages allowed by the jury were liberal, the evidence, we think, was sufficient to sustain the verdict, and we find no error in the rulings of the court on the admission of evidence or in its instructions to the jury.
The main defense set up by the defendant seems to have been that the right of way to construct the levee had already been granted by a deed duly executed by plaintiff. This deed, which is set…
2Cited by6 opinions
- Drainage Dist. No. 16, Miss. Cty. v. Holly RoachSupreme Court of Arkansas · 1948
- Bradley v. Arkansas Louisiana Gas Co.Supreme Court of Arkansas · 1983
- Rockefeller v. HogueSupreme Court of Arkansas · 1969
- St. Louis, Iron Mountain & Southern Railway Co. v. StevensonSupreme Court of Arkansas · 1916
- McLaughlin v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
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