Martin v. Martin
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John R. Martineau, Chancellor; 1. The land in controversy came chiefly, if not entirely, by gift from the mother to Mrs. Thompson, and, on the death of the latter and her child, went back to the former as a maternal ancestral estate. 15 Ark. 588; 19 Ark. 401; 52 Atl. 172. 2. Plaintiff is estopped to claim an interest in the property in controversy.
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Appeal from Pulaski Chancery Court; John R. Martineau, Chancellor; 1. The land in controversy came chiefly, if not entirely, by gift from the mother to Mrs. Thompson, and, on the death of the latter and her child, went back to the former as a maternal ancestral estate. 15 Ark. 588; 19 Ark. 401; 52 Atl. 172. 2. Plaintiff is estopped to claim an interest in the property in controversy. The division of the property of both the estates and the execution of the will was in pursuance of a plan of family settlement, which the parties have acquiesced in and acted upon. 15 Ark. 275; 64 Ark. 19; 91 Am.…
1Opinion of the CourtFrauenthal, J.
This was an ejectment suit instituted by Mary D. Martin, the plaintiff below, for the recovery of her interest as a tenant in common of a tract of land situated in Pulaski County. The plaintiff is a sister of the defendants, and she alleged that she and they were the owners in common of the land, and that they totally denied her right as a cotenant therein. She asserted title to the land as follows: She alleged that her maternal grandfather, John Douglass, died intestate in January, 1861, seized and possessed of the land, and left surviving him Mrs. Mary Martin, the mother of plaintiff, who…
2Cases cited9 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Smith v. SmithSupreme Court of Georgia · 1867
- Finley v. CathcartIndiana Supreme Court · 1897
- Pate v. JohnsonSupreme Court of Arkansas · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Scott v. BeamsCourt of Appeals for the Tenth Circuit · 1941
- Hollowoa v. BuckSupreme Court of Arkansas · 1927
- Giers v. HudsonSupreme Court of Arkansas · 1911
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- Pfaff, Administratrix v. ClementsSupreme Court of Arkansas · 1948
25 more not listed; retrieve them via the Exa API.