Bayles v. Daugherty
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; A. G. Settees, Special Judge; STATEMENT BY THE COURT. Action in ejectment by J. W. Daugherty against Thomas Bayles and others to recover possession of the tract of land described in the complaint.
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Appeal from Mississippi Circuit Court; A. G. Settees, Special Judge; STATEMENT BY THE COURT. Action in ejectment by J. W. Daugherty against Thomas Bayles and others to recover possession of the tract of land described in the complaint. The plaintiff recovered judgment below, and the defendants appealed. 1. Possession for the statutory period under claim of ownership hostile and adverse confers title, even though the claim of title originated in a mistake as to boundaries. 59 Ark. 626; 69 Ala. 332; 90 Ala. 354; 82 111. 898; 90 Ind. 94; 31 Iowa, 138; 148 Mass. 298; 31 Minn. 81; 108 Mo. 311; 79…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) This is an action between the respective owners of the two co-terminous tracts of land. Both sides claim that the strip in controversy, about 30 rods wide, is within the boundaries of their respective tracts of land, to which they have undisputed title. The defendants also claim title to the disputed strip by adverse possession for more than seven years.
It appears from the evidence that in the year 1889 the boundary line between the two tracts was surveyed by the county surveyor „of Mississippi County, and the line was established by him according to…
2Cases cited5 opinions
- Fletcher v. EagleSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Wilson v. HunterSupreme Court of Arkansas · 1894
- Murdock v. StillmanSupreme Court of Arkansas · 1904
- Saint Louis & North Arkansas Railroad v. MidkiffSupreme Court of Arkansas · 1905
3Cited by17 opinions
- Advocat, Inc. v. SauerSupreme Court of Arkansas · 2003
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Hudson v. StillwellSupreme Court of Arkansas · 1906
- Hearn v. East Texas Motor Freight LinesSupreme Court of Arkansas · 1951
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