Jackson v. Cole
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; R. E. Dudley, Judge; 1. The answer to the complaint raises two issues: (1) that there was an exchange "of lands by Isaiah Jackson, for the lands in question; (2); that plaintiffs are barred, by adverse possession. The first question was properly submitted to a jury; but the second issue was not properly submitted, nor in fact submitted at all. 2. Instruction No. 4 was in substance a peremptory instruction, and it was error.
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Appeal from Greene Circuit Court, First Division; R. E. Dudley, Judge; 1. The answer to the complaint raises two issues: (1) that there was an exchange "of lands by Isaiah Jackson, for the lands in question; (2); that plaintiffs are barred, by adverse possession. The first question was properly submitted to a jury; but the second issue was not properly submitted, nor in fact submitted at all. 2. Instruction No. 4 was in substance a peremptory instruction, and it was error. It does not come within the definition of adverse possession. In order to constitute adverse possession, it must be shown…
1Opinion of the CourtSmith, J.
Suits in ejectment were brought by appellants to recover an undivided half interest in a forty-acre tract of land and an eighty-acre tract of land. The cases were consolidated in the court below, and are here on one appeal. The plaintiffs in the suits are the heirs at law of J. R. Jackson, who died August 5, 1881; and the defendants are the daughters of Isaiah Jackson, who died in November, 1909. J. R. and Isaiah were brothers, as was also R. Jackson, who died in 1917.
About 1869 Isaiah Jackson moved on to certain lands, which the witnesses referred to as the railroad lands, from the fact that…
2Cases cited7 opinions
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Brown v. BocquinSupreme Court of Arkansas · 1892
- Cocks v. SimmonsSupreme Court of Arkansas · 1891
- Brasher v. TaylorSupreme Court of Arkansas · 1913
- Shapard v. MixonSupreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Patterson v. MillerSupreme Court of Arkansas · 1922
- Gibbs v. PaceSupreme Court of Arkansas · 1944
- Bowers v. RightsellSupreme Court of Arkansas · 1927
- Su Lee v. PeckNevada Supreme Court · 1925
- Mitchell v. HammonsCourt of Appeals of Arkansas · 1990
6 more not listed; retrieve them via the Exa API.