Little Rock & Fort Smith Railway Co. ex rel. St. Louis, Iron Mountain & Southern Railway Co. v. Rankin
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. Appellant was the plaintiff below and brought this suit on October 23, 1906, to collect the balance of purchase money alleged to be due it upon the sale of west half of southeast quarter (south of chute), section 28, township 4 north, range 14 west; lying in Faulkner County, Arkansas.
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Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. Appellant was the plaintiff below and brought this suit on October 23, 1906, to collect the balance of purchase money alleged to be due it upon the sale of west half of southeast quarter (south of chute), section 28, township 4 north, range 14 west; lying in Faulkner County, Arkansas. The complaint alleged that plaintiff was the owner of the land above described on January 2, 1891, and on that date contracted to sell it to the defendant, Gr. E. Rankin, for the sum of $374.56, of which $46 was paid in…
1Opinion of the Court
Smith, J.,
(after stating the facts). Under the facts (here stated, Smith’s possession of the land could not be adverse to the railroad company until that company had knowledge of the adverse holding, and the statute of limitations would not begin to run until the possession became adverse. The mere fact that the railroad company had no knowledge.of Smith’s possession is not controlling. If the possession had in fact been adverse for the Mne years of Ms occupancy before the suit was brought, then his title would have been perfected by his possession, and this would be true whether the railroad…
2Cases cited8 opinions
- Gaines v. SummersSupreme Court of Arkansas · 1887
- Shall v. BiscoeSupreme Court of Arkansas · 1856
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- Lewis v. BoskinsSupreme Court of Arkansas · 1871
- Tillar v. ClaytonSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Duntz v. Ames Cemetery Ass'nSupreme Court of Iowa · 1922
- Krow & Neumann v. BernardSupreme Court of Arkansas · 1922
- Cleary v. Sledge Properties, Inc.Court of Appeals of Arkansas · 2010
- United States v. 706.98 Acres of Land in Montgomery CountyDistrict Court, W.D. Arkansas · 1958
- Williams v. BakerSupreme Court of Arkansas · 1944
3 more not listed; retrieve them via the Exa API.