Blackburn v. Coffee
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; Hugh Basham, Judge; The court erred in directing a verdict for appellee. “Open notorious possession” as applied to adverse holding of land by another means that the claim of ownership must be evidenced by such acts and conduct as are sufficient to put' a man of ordinary prudence on notice that the land is held by the claimant as his own. 1 R. C. L. 13. Mere possession is not sufficient. Ib.; 52 Am.' Dec. 618; 35 Am.
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Appeal from Johnson Circuit Court; Hugh Basham, Judge; The court erred in directing a verdict for appellee. “Open notorious possession” as applied to adverse holding of land by another means that the claim of ownership must be evidenced by such acts and conduct as are sufficient to put' a man of ordinary prudence on notice that the land is held by the claimant as his own. 1 R. C. L. 13. Mere possession is not sufficient. Ib.; 52 Am.' Dec. 618; 35 Am. St. 613. The fact that all previous owners held to a conditional line even for a long period of time is not inconsistent with a purpose and…
1Opinion of the CourtHart, J.
This is an action in ejectment by F. A. Blackburn against J. Gr. Coffee to recover ten acres of land. At the conclusion of the evidence the court, directed a verdict for Coffee and Blackburn .has appealed.
According to the testimony of J. Gr. Coffee, he is seventy-three years of age and was born and raised on a tract of land which includes the strip in controversy. In about the year 1849, J. Gr. Wilson entered from the government the eighty acres of land on which Coffee now lives and it included the ten acres in controversy. In 1850 Wilson conveyed by deed to J. C. Baskin a tract of land, and…
2Cases cited2 opinions
- Hudson v. StillwellSupreme Court of Arkansas · 1906
- O'Neal v. RossSupreme Court of Arkansas · 1911
3Cited by9 opinions
- Hart v. SternbergSupreme Court of Arkansas · 1943
- Hoskins v. TalleyNew Mexico Supreme Court · 1923
- Honeycutt v. Sherrill, TrusteeSupreme Court of Arkansas · 1944
- Stroud v. SnowSupreme Court of Arkansas · 1932
- Pitts v. PittsSupreme Court of Arkansas · 1948
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