Sibly v. Gomillion

• Decision Date: 29 July 1905
• Citation: 91 S.W. 22
• Parties: SIBLY v. GOMILLION.
• Court: Arkansas Supreme Court

91 S.W. 22

SIBLY v. GOMILLION.

Supreme Court of Arkansas.

July 29, 1905.

Appeal from Lonoke Chancery Court; Thomas B. Martin, Chancellor.

Action by M. Gomillion against George Sibly. Judgment for plaintiff, and defendant appeals. Affirmed.

Rehearing denied November 25, 1905.

George Sibly, in pro. per. Elias Gates, for appellee.

WOOD, J.

To set out and discuss the evidence upon which we base our conclusion could serve no useful purpose. The question is purely one of fact. The Chancellor's finding went further than was necessary to give title to the appellee. Two years' open, continuous, exclusive, and adverse possession under a donation deed gives title. Helena v. Horner, 58 Ark. 151, 23 S. W. 966; Finley v. Hogan, 60 Ark. 499, 30 S. W. 1045; Woolfork v. Buckner (Ark.) 29 S. W. 372; Crill v. Hudson, 71 Ark. 390, 74 S. W. 299; Boynton v. Ashabranner (Ark.) 88 S. W. 566.

We have carefully examined the record, and find that the appellee had title to the land in controversy by adverse possession under his donation deed, when he brought his suit. The decree is affirmed.