125 Ark. 50 | Ark. | 1916
Appellee, A. L. Aydelott, instituted this suit against appellant, alleging that appellant was the owner of a certain tract of land; that the C. R. I. & P. Railway runs diagonally across the southeast corner of the land, the right of way of the railroad being 100 feet wide on each side of the track; that the railroad had a freight depot, cotton platform and other buildings on its right of way north of the track; that appellee has erected and maintains on the north side of the railroad track a seed house and cotton gin; that the storehouse of appellee is situated in the town of Biseoe, east and adjacent to the track of the railroad; that running west from the town of Biseoe and on the north side of the railroad and parallel with it is a wagon road which is the only way the public has to travel from Biseoe to appellee’s gin and seed house, and the freight depot and other buildings on the north side of the railroad; that appellee had secured from the railroad company a lease of the lands on which he erected his cotton gin; that on the second day of February, 1914, appellant constructed a fence across said dirt road, preventing its use by appellee and the general public; that the fence constituted a public nuisance and worked an irreparable injury to appellee, rendering his gin worthless.
The appellant answered and made her answer a cross-complaint, in which she admitted that she was. the owner of the land described in the complaint; alleged that appellee had erected a gin house on a portion of said land and was in possession of same.
Appellee answered the cross-complaint; denied that appellant was the owner of that part of the land upon which appellee’s gin house was situated, and set up that he had been in the peaceable and uninterrupted possession of same for more than seven years, and had thereby acquired title to the same. He also embodied in his answer a demurrer to the cross-complaint, which set up that same did not state facts sufficient to constitute a cause of action, and the court had no jurisdiction to grant the relief sought, and that if she had a remedy it was adequate and complete at law. ' Wherefore, appellee asked that the cross-complaint be dismissed.
The decree recites, among other things, that “this cause is submitted to the court upon the duly verified complaint of the plaintiff and the exhibits thereto, the answer and cross-bill of Bettie H. Peeples, the reply and demurrer of the plaintiff thereto and depositions of witnesses; * * * and after due consideration of said cause upon the pleadings and depositions of witnesses * * * the court doth find for the plaintiff, and holds that the restraining order heretofore issued in this cause should be made perpetual.” Then follows the decree enjoining appellant from interfering with the use of or obstructing the public highway, describing the same, and dismissing the cross-complaint of appellant for want of equity. Appellee died since the appeal was perfected and the cause has been revived in the name of his administrator and heirs.
Appellant is a married woman, and the period of. coverture extends back beyond the beginning of appellee’s occupancy of the land. Therefore she is not barred by the statute of limitations-. Nor is she barred by laches, for the reason that appellee’s occupancy has been with her permission. The decree should not therefore be treated as adjudicating the title to the land against her, but leaves it open for her to assert her title whenever she proves that appellee has forfeited his right to further occupy the land. Having expressly consented for appellee to erect the gin plant on the land, she must first show that something has occurred to bring to an end the right of occupancy under that permission.
The decree is therefore affirmed.