Shirey v. Clark
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court. Frederick D. Fulkerson, Judge. Action by James M. Clark, Allie Bradley, Homer P. Clark, A. W. Clark, as heirs of Emily Clark, deceased, and Loyd W. Clark, heir of A. W. Clark, Jr., deceased, one of the children of Emily Clark, deceased, against A. W. Shirey. Plaintiffs had judgment, and defendant appealed. STATEMENT BY THE COURT.
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Appeal from Lawrence Circuit Court. Frederick D. Fulkerson, Judge. Action by James M. Clark, Allie Bradley, Homer P. Clark, A. W. Clark, as heirs of Emily Clark, deceased, and Loyd W. Clark, heir of A. W. Clark, Jr., deceased, one of the children of Emily Clark, deceased, against A. W. Shirey. Plaintiffs had judgment, and defendant appealed. STATEMENT BY THE COURT. Appellees brought ejectment against appellant for land described in complaint, claiming title through their mother, Emily Clark, as the children and heirs at law of said Emily Clark and A. W. Clark, their father and the husband of…
1Opinion of the CourtHughes, J.
(after stating the facts.) It is contended that the conveyance by A. W. Clark to Emily Clark, his wife, created a contingent remainder, which was defeated, and that the estate reverted to the grantor, the precedent estate having expired by the wife’s death before his; and the counsel for appellant say “that a deed to the heirs of a living person is always held void unless it is clear from the context that children are meant, which could not be where there is, as here, no context.” We may admit that his statement of the law is correct; and yet his assumption of fact upon which his statement of…
2Cases cited6 opinions
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Tharp v. YarbroughSupreme Court of Georgia · 1888
- Wyman v. JohnsonSupreme Court of Arkansas · 1900
- Riley v. NormanSupreme Court of Arkansas · 1882
- McGehee v. BlackwellSupreme Court of Arkansas · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- McKenna v. Seattle-First National BankWashington Supreme Court · 1950
- Steele v. RobinsonSupreme Court of Arkansas · 1952
4 more not listed; retrieve them via the Exa API.