Legal Opinion

Mooney v. Cooledge

Supreme Court of Arkansas

Decided November 15, 1875PublishedCited by 22 opinions

APPEAL from Phillips Circuit Court in Chancery.' Hon. M. L. Stephenson, Circuit Judge. Estoppel is only coextensive with covenant. The mention of the acre reserved to Eerebee is only descriptive. Kinnear v. Lowell, 34 Me., 299; Flagg v. Flagg, 16 Gray, 175. Roane v. Wileut, id. 368; Strong, J. in Sunderland v. Struthers, 47 Penn. 411. Defendant had no interest in the recital, further than as descriptive. Wallis v. Truesdale, 6 Pick., 455 ; Hill v. Fpsley, 31 Penn.

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APPEAL from Phillips Circuit Court in Chancery.' Hon. M. L. Stephenson, Circuit Judge. Estoppel is only coextensive with covenant. The mention of the acre reserved to Eerebee is only descriptive. Kinnear v. Lowell, 34 Me., 299; Flagg v. Flagg, 16 Gray, 175. Roane v. Wileut, id. 368; Strong, J. in Sunderland v. Struthers, 47 Penn. 411. Defendant had no interest in the recital, further than as descriptive. Wallis v. Truesdale, 6 Pick., 455 ; Hill v. Fpsley, 31 Penn. S. R. 331; Traum v. Heiffer, 31 Ala., 136: Brown, J. in Dezell v. Odell, 3 Hill, 220 and eases cited. Estoppel dcfes not extend to…

1Opinion of the Court

Walker, J.:

The plaintiffs, as heirs of Henry F. Mooney, deceased, filed their bill in the Phillips Circuit Court against Cooledge and others, owners of Evergreen Cemetery, to have their title quieted to one acre of land, and to enjoin the defendants from removing the bodies of the dead persons buried upon said acre of ground, and from making roads and thoroughfares on the same. The claim which the plaintiffs set up to this land is by descent, and by occupancy and adverse possession.

The defendants answered and denied the title and possession of plaintiffs, and set up title in one Fleetwood…

2Cases cited1 opinion

  1. Hughes v. StreeterIllinois Supreme Court · 1860

3Cited by22 opinions

  1. Worthley v. BurbanksIndiana Supreme Court · 1897
  2. Lange v. WatersCalifornia Supreme Court · 1909
  3. Stolz v. FranklinSupreme Court of Arkansas · 1975
  4. Dutch v. BoydIndiana Supreme Court · 1881
  5. Billings v. PaineSupreme Court of Missouri · 1959

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