Legal Opinion

Turner v. Davis

Supreme Court of Arkansas

Decided May 15, 1883PublishedCited by 13 opinions

APPEAL from White Circuit Court in Chancery. Hon. J. B. Smith, Circuit Judge,'on exchange, &c. Watkins had no interest in the property prior to the execution of the deed of trust.

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APPEAL from White Circuit Court in Chancery. Hon. J. B. Smith, Circuit Judge,'on exchange, &c. Watkins had no interest in the property prior to the execution of the deed of trust. It was an ancestral estate,, coming to his child by her mother’s side, and on her death went to her next of kin on the mother’s side. 15 Arle., 555; 27 Ark., 65; 34 Ark., 564. He had no curtesy, because there was no such possession in him or his wife during the coverture as would give curtesy. 15 Ark., 466-, 3 Hill, IV, Y., 186; 5 Gowen, 98; 6 Mon. 175; 1 How., 37; 10 B. Mon., 48. The only interest he had was…

1Opinion of the CourtEakin, J.

The bill in this case was dismissed after a •demurrer had been sustained and the complainant had rested.

It shows that about the year 1852 James Walker died intestate, leaving a large amount of real estate in several .parcels, consisting of plantation lands and town lots. About 'the year 1858 his descendants had all died, except a granddaughter, Emily Sophrouia Quarles, in whom all his real • estate had vested, subject to a right by curtesy to one-half .in Thomas Watkins, who had married one of Walker’s three ■ children, after a brother had died childless.

Watkins, however, was claiming a…

2Cases cited1 opinion

  1. Loftis v. GlassSupreme Court of Arkansas · 1855

3Cited by13 opinions

  1. Martin v. MartinSupreme Court of Arkansas · 1911
  2. Beaver v. RossSupreme Court of Iowa · 1908
  3. Hollowoa v. BuckSupreme Court of Arkansas · 1927
  4. Pfaff, Administratrix v. ClementsSupreme Court of Arkansas · 1948
  5. Harris v. HarrisSupreme Court of Arkansas · 1963

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