Miller v. Farmers' Bank & Trust Co.
Supreme Court of Arkansas
Appeal from Yell Chancery Court, Dardanelle District; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. The appellant, plaintiff below, alleged that he was the owner of lot No. 2 in block lettered “I” in the town of Dardanelle, State of Arkansas, by warranty deed from John C. Brooks, the owner of said lot; that from the 11th day of April, 1902, when he received his deed, he had been in the peaceable, open, continuous and adverse possession of the lot.
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Appeal from Yell Chancery Court, Dardanelle District; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. The appellant, plaintiff below, alleged that he was the owner of lot No. 2 in block lettered “I” in the town of Dardanelle, State of Arkansas, by warranty deed from John C. Brooks, the owner of said lot; that from the 11th day of April, 1902, when he received his deed, he had been in the peaceable, open, continuous and adverse possession of the lot. He alleged that the defendant, “claiming to be the owner of lot 1 in said block “I,” is now having a brick building erected on said lot…
1Opinion of the Court
Wood, J.,
(after stating the facts). The proof shows that the tots in block “I,” in the town of Dardanelle, Yell County, Arkansas, were twenty-four feet wide. The grantor of appellant, J. C. Brooks, about the year 1894, erected brick buildings on lots 2, 3 and 4 in block “I” of said town. The evidence warrants the conclusion that each of these buildings was to have a front of twenty-four feet from the middle of the division wall between each of them. We are of the opinion that the proof warrants the conclusion that' the then owner of the lots intended for the walls between each of the…
2Cases cited5 opinions
- Kitchen v. ChantlandSupreme Court of Iowa · 1905
- Payne v. McBrideSupreme Court of Arkansas · 1910
- Cavanaugh v. JacksonCalifornia Supreme Court · 1891
- Cutler v. CallisonIllinois Supreme Court · 1874
- Levy v. MaddoxTexas Supreme Court · 1891
3Cited by4 opinions
- Furlow v. Dunn, Admx.Supreme Court of Arkansas · 1940
- Walters v. MeadorSupreme Court of Arkansas · 1947
- Havlik v. FreemanSupreme Court of Arkansas · 1949
- Krutz v. FaughtSupreme Court of Arkansas · 1942