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72 Ark. 498

Murdock v. Stillman

Supreme Court of Arkansas

Decided October 15, 1904

Supreme Court of Arkansas · decided 1904-10-15

Joseph W. Martin, Judge. Murdock brought ejectment against Stillman ta recover a narrow strip of land on the east side of lot No. 1 in block No. 1 in Capitol Hill Extension Addition to Little Rock, being five feet and one inch at the north and four feet at the south side of the lot.

Relies on Wilson v. Hunter

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1904-10-15

How this case has been cited

Cited by 7 later decisions — most recently November 2018

7 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Wood, J.

¶1Appellee was in possession of the strip of land in controversy claiming title to same by adverse possession for seven years. Appellee and appellant were coterminous owners of lots in the cityi of Eittle Rock. Appellee’s father, under whom he held, in his direct examination testified that he “claimed to where his fence wasthat he “moved on the line;” that his “deed called for 150 feet deep.” On cross examination he said that all he claimed was 150 feet; he did not claim anything not in his deed. While this testimony may seem somewhat conflicting in itself, we gather from it that witness built his fence on and' occupied the land of appellant through mistake, and that he only claimed and intended to occupy the land called for by his deed.

¶2It follows that the finding of facts and the conclusion of law by the learned trial judge were erroneous. The cause ist ruled by Wilson v. Hunter, 59 Ark. 626. The judgment is therefore reversed, and judgment will be, entered here in favor of appellant (who has the legal title) for the land in suit.

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