Horsley v. Hilburn
Supreme Court of Arkansas
CROSS-APPEALS from Benton Circuit Court. Hon. Jambs A. Rice, Special Judge. The court below, without doubt, acted upon the idea that this deed created what, by common law, was a conditional fee, or an estate in fee tail general. See 1¡, Kent’s Com., page 11; 8 Blacks. Com., 110; 1 Wash, on Beal Prop., mar. ■page 66, et scq.
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CROSS-APPEALS from Benton Circuit Court. Hon. Jambs A. Rice, Special Judge. The court below, without doubt, acted upon the idea that this deed created what, by common law, was a conditional fee, or an estate in fee tail general. See 1¡, Kent’s Com., page 11; 8 Blacks. Com., 110; 1 Wash, on Beal Prop., mar. ■page 66, et scq. This kind of an estate our statute converts into a life estate in the donee with a fee simple in the heirs, to whom, by common law, the estate tail would first descend. See Gantt’s Digest, section 833. We contend that Marietta and her husband had power to deed the land,…
1Opinion of the CourtEakjn, J.
The plaintiffs in this cause, Hilburn, etal., are the four children and heirs of Marietta Hilburn, who were living at the time of her death. On the fourteenth of September, 1882, they sued the defendants, the Horsleys, with a number of others, in ejectment, to recover two contiguous quarter sections of land, described as the northeast quarter of section 10, and the northwest quarter of section 11, in township 19 north, of range 30 west. They claim under Jesse Shelton, their grand father, who, on the eleventh of July, 1851, conveyed the lands to his daughter, their mother, and “the heirs of…
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