Jones v. Phillips
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. John M. Eeeiott, Judge. 1. The steps required by statute to open the road were never taken. Mansf. Dig. secs. 5930-5938. 2. The evidence is not sufficient to establish a road by prescription. No adverse user is shown—the travel was permissive only. The use must be hostile and continuous. 47 Ark. 431; 50 id. 53 ; Elliott on Roads and Streets, p. 137; 110 Ind. 509; 58 Iowa, 567; 41 Wis. 490 ; 77 Pa.
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Appeal from Jefferson Circuit Court in Chancery. John M. Eeeiott, Judge. 1. The steps required by statute to open the road were never taken. Mansf. Dig. secs. 5930-5938. 2. The evidence is not sufficient to establish a road by prescription. No adverse user is shown—the travel was permissive only. The use must be hostile and continuous. 47 Ark. 431; 50 id. 53 ; Elliott on Roads and Streets, p. 137; 110 Ind. 509; 58 Iowa, 567; 41 Wis. 490 ; 77 Pa. St. 432 ; 35 Wis. 376; 41 Iowa, 698 ; 30 Ga. 896 ; 30 Ind. 389; 73 Me. 53; 105 Mass. 319; 22 Mo. App. 435; 142 Mass. 325. The public acquired the…
1Opinion of the CourtBunn, C. J.
The appellee, Thomas M. Phillips, as road-overseer of one of the road districts of that county, instituted this proceeding in the Jefferson circuit court in equity, at its 'May term, 1892, praying for an order restraining the appellant from obstructing a portion of the public road alleged by him to be under his supervision. After hearing the cause, the chancellor granted the appellee’s prayer, and the appellant appeals to this court.
The portion of road in controversy, and affected by this proceeding, is as follows, as set out in the abstracts, to-wit :
“A public road from Astor Point, on the…
2Cases cited6 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- Howard v. StateSupreme Court of Arkansas · 1886
- State v. GreenSupreme Court of Iowa · 1875
- State v. MitchellSupreme Court of Iowa · 1882
- Jones v. DavisWisconsin Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harper v. HannibalSupreme Court of Arkansas · 1966
- O'Malley v. Dillenbeck Lumber Co.Supreme Court of Iowa · 1909
- Texas N. O. R. Co. v. HarveyCourt of Appeals of Texas · 1940
- Autrey v. LakeSupreme Court of Arkansas · 1937
- Little Rock v. GallowaySupreme Court of Arkansas · 1924
3 more not listed; retrieve them via the Exa API.