Sanders v. Ellis
Supreme Court of Arkansas
APPEAL from White Circuit Court, in Chancery. Hon. M. T. Sanders, Circuit Judge. 1. Mrs. Ellis was a trustee or agent of her husband, and was bound to protect the interest of her husband, for whom she held.
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APPEAL from White Circuit Court, in Chancery. Hon. M. T. Sanders, Circuit Judge. 1. Mrs. Ellis was a trustee or agent of her husband, and was bound to protect the interest of her husband, for whom she held. Perry on Trusts, secs. 2J¡£, 265, 285. 2. By occupying the property and assuming control of same, after the departure of the husband, she became his trustee, and could not abuse that trust, nor make a profit out of it, or buy it. 16., secs. 19J¡,, 200, 209, ^29-80-81. 3. She had such an interest or right that the law imposed upon her the obligation of keeping the taxes paid. The homestead…
1Opinion of the Court
OPINION.
Taking the allegations of the answer to the interplea to be true, a court of equity can not treat the transaction between Mr3. Ellis and Rogers otherwise than as a redemption by her of the land from tlie tax sale.
Almost any right, either at law or in equity, perfect or inchoate, in possession or in action, or whether in the nature of a charge or incumbrauce on land, amounts to such an ownership as will entitle the party holding it to redeem. Woodward v. Campbell, 39 Ark., 584.
Mrs. Ellis had an inchoate right of dower in the lot, which might have been lost to her by the tax sale; she…
2Cited by12 opinions
- First Congregational Church v. TerrySupreme Court of Iowa · 1906
- Smith v. ThorntonSupreme Court of Arkansas · 1905
- Zimmerman v. Franklin County Savings Bank & Trust Co.Supreme Court of Arkansas · 1937
- Roberts v. MillerSupreme Court of Arkansas · 1927
- Hackett v. LinchWyoming Supreme Court · 1941
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