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COX v. BERRY

No. 5-2454.

349 S.W.2d 661 (1961)

R. A. COX, Appellant, v. W. E. BERRY, Appellee.

Supreme Court of Arkansas.

October 2, 1961.

Attorney(s) appearing for the Case

R. W. Laster, Little Rock, for appellant.

J. Fred Jones, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

The appellant and the appellee own adjoining ten-acre tracts in Pulaski county. On December 2, 1959, the appellant brought this suit to recover damages resulting from the appellee's action in digging a drainage ditch along the boundary line between the two tracts. After a hearing upon the merits the chancellor held that the suit was barred by the three-year statute of limitations governing actions for trespass upon land. Ark. Stats.1947...

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