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Poindexter v. Cole

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eBook details

  • Title: Poindexter v. Cole
  • Author : Supreme Court of Arkansas
  • Release Date : January 17, 1965
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

This litigation Involves approximately one-eighth of an acre of unimproved rural land. The appellants filed a petition for an affirmative injunction seeking to compel the appellee to remove from this land a fence that he had allegedly erected upon the lands. The appellants also sought recovery for damages caused by appellee's trespass. Appellants claimed ownership by virtue of legal conveyance and adverse possession. The chancellor found ""that the plaintiff [appellants] has title to a tract in his possession by reason of adverse possession, but the Court cannot enter a legal description as to the lands' involved."" The chancellor decreed that appellants had title to the land but did not order removal of the fence nor make an award of damages. On appeal appellants contend for reversal that the chancellor should have awarded damages and ordered appellee to remove the fence. A careful review of appellants' evidence reflects that no legal description of the disputed property was ever established by a metes and bounds description or by the existence of a recorded plat.


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