PHELPS v. HIGGINS

No. 5-47.

257 S.W.2d 25 (1953)

PHELPS v. HIGGINS et al.

Supreme Court of Arkansas.

April 20, 1953.


Attorney(s) appearing for the Case

J. Hugh Wharton and Spencer & Spencer, El Dorado, for appellant.

T. O. Abbott, El Dorado, for appellees.


WARD, Justice.

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 R. 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.

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