Beardsley v. Town of Nashville

• Decision Date: 26 June 1897
• Citation: 41 S.W. 853
• Parties: BEARDSLEY v. TOWN OF NASHVILLE.
• Court: Arkansas Supreme Court

41 S.W. 853

BEARDSLEY v. TOWN OF NASHVILLE.

Supreme Court of Arkansas.

June 26, 1897.

Appeal from circuit court, Howard county; William P. Feazell, Judge.

Action by J. D. Beardsley against the town of Nashville. From a judgment in favor of defendant, plaintiff appeals. Reversed.

The appellant, Beardsley, was the owner of town lot No. 24 in block 23 in the town of Nashville, Ark. The town council of the incorporated town of Nashville directed certain persons in its employ to build a house upon the alley on which this lot of appellant abutted, and opposite this lot, for the purpose of keeping therein its fire engine and attachments. The house was erected, and stood several years, when it was removed. Shortly after the house was removed, this action was brought by appellant against the town for the rental value of the lot in question. The appellant claims that the house in question was erected upon his lot, and that he is entitled to recover for the use and occupation of the portion of the lot upon which the house stood. The answer of the defendant denied that the house in question was built upon the lot of plaintiff, or that it at any time occupied said lot. The proof tended to to show that the town council intended to erect this engine house in the alley between the lot owned by Beardsley and the rear end of the lots owned by Skillern, but that through mistake a portion of the building, when erected, stood upon the lot owned by appellant. The record of the town plat and the deed by which the streets and alleys were dedicated and established showed that Skillern's lot fronted east on Main street, and extended back a distance of 134 feet to this alley. The alley was 16 feet wide, and west of the alley was the lot owned by plaintiff, the position of which can be better understood by reference to the plat on the following page.

NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE

The testimony showed that the engine house was 16 feet wide and 24 feet long, fronted south on Howard street, being the southern boundary of block 23. The building extended north 24 feet. The east side of the building was 143 feet west from the eastern boundary of Main street, and the west side of building was 159 feet from Main street. Over the objection of the plaintiff, the defendant was allowed to read as evidence a deed from P. F. Beardsley conveying lots 1 and 2 to Skillern, in which deed said lots were described as follows: "Lots 1 & 2, block 23, Nashville, Howard county, Arkansas, each being twenty-five feet wide, and bounded as follows: Beginning at the southeast corner of block 23, aforesaid, and running thence west 142 feet to an alley; thence...