Phelps v. Higgins

This appeal challenges an instruction on adverse possession.

Appellee, John Higgins, is the owner and in possession of the east 40 feet of the north half of lot 2, block 1, Mahony Addition to the City of El Dorado, Arkansas, and appellant, Terrance E. Phelps, owns the property adjoining on the South. For many years there had been a hedge along the dividing line, which appellant caused to be cut down prior to the institution of this suit.

In his complaint, Higgins claimed the hedge was on his property and asked for damages against Phelps for the wrongful cutting. Higgins also alleged that he…