Brearly v. Norris
Supreme Court of Arkansas
Appeal from Pope Circtiit Court in Chancery, Hon. John J. Clendenin, Circuit Judge. The granting a license to'keep a ferry by the County Court of the proper county, establishes such ferry, and the party to whom such license is granted acquires in such ferry privilege a private vested right.
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Appeal from Pope Circtiit Court in Chancery, Hon. John J. Clendenin, Circuit Judge. The granting a license to'keep a ferry by the County Court of the proper county, establishes such ferry, and the party to whom such license is granted acquires in such ferry privilege a private vested right. Lindsay vs. Lindley, 20 Ark. 573. A ferry once established by order of the County Court becomes permanent, and the franchise under such order vests and becomes absolute in, and belongs, as any other private property to the party to whom such license shall have been granted. It is not necessary that the…
1Opinion of the CourtJustice Fajschild
Previous to 1836, Brearly, the appellant, and those under whom he claims, had possession of the land on both sides of the Arkansas river, a short distance below Norristown, and under the proper licenses kept a ferry at the crossing of the military road over the river. But from 1836 to 1856, Samuel Norris kept a ferry which answered the same uses as that kept by Brearly, being the crossing place for the same road, connecting points on the banks near to each other, though the ferry of Norris was removed up the river so as to touch landings on each side of Ihe river owned by himself. From the…
2Cited by1 opinion
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